General Terms and Conditions of Sales


Preamble

These General Terms and Conditions of Sale shall apply to the registration and orders placed on www.bodyandmoves.com. 
The www.bodyandmoves.com website is operated by BODY&MOVES (hereinafter referred to as the "Seller"), a limited liability company with a share capital of 7,500 euros, whose registered office is situated at 10 boulevard Herold, 92000 Nanterre, France, and which is registered in the Nanterre Trade and Companies Register under number 799 583 604. 
Intra-Union VAT number: FR 91 799583604. 

Contact details of the www.bodyandmoves.com shop's customer service: 
- Hotline: +33 (0) 9 66 91 85 68. Monday through Friday (from 10:00 a.m. to 12:30 p.m. and from 02:00 p.m. to 05:30 p.m.)
- Email: info@bodyandmoves.com

The term "Buyer" used in these terms and conditions refers to a natural person placing an order that is not part of their commercial or liberal occupation. 
The Buyer, prior to their order, declares to have full legal capacity, allowing them to commit to these general terms and conditions of sale. 
The products are offered for sale in the following geographical territory: Metropolitan France, Corsica, Belgium, Luxembourg, Switzerland, Guadeloupe, Martinique, Saint-Martin, Saint-Barthélemy, Reunion, French Guiana, French Polynesia, New Caledonia. 
On the www.bodyandmoves.com website, the contracts are exclusively concluded in the French language. The product offers are not intended for minors under 18 years of age. Minors can order only with the authorization of their legal representatives.

1. Purpose

The purpose of these general terms and conditions of sale is, on the one hand, to inform any prospective Buyer of the terms and conditions under which the Seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Buyer. They shall apply to all sales of the products offered by the Body&Moves company on its website, without restrictions or reservations. 
These general terms and conditions of sale shall apply in their version in force at the time of the order. The Buyer declares to have read and accepted the terms and conditions, as well as the rights and obligations arising therefrom before placing their order. The validation of their order by the Buyer can therefore be considered acceptance of the current terms and conditions.

2. Price

All product prices are in euros and inclusive of all taxes (except for the French Overseas Departments and Territories and Switzerland) excluding shipping costs. They take into account any discounts granted by Body&Moves, as well as the value-added tax (VAT) at the current rate ruling on the date of confirmation of the order by the Buyer. 
Body&Moves reserves the right to change prices at any time without prior notice. The products will be invoiced according to the current prices ruling on the date of registration of the orders. No modification of the price to be paid can occur after the confirmation of the order by the Buyer. The products remain the property of Body&Moves until full cashing of the price by the Seller. The price is payable in full in one single payment.

3. Products

All texts, images and descriptions have been designed with the utmost care. However, these elements cannot in any case become contractual data and are only informative. In the event that a supplier changes the aesthetics of a product (packaging), the graphic representation of it cannot affect the sale if the product remains the same (in all other respects). The Seller undertakes to modify the imagery as soon as possible. 
The offers presented by Body&Moves are valid subject to availability of stocks. The product information sheets available on the www.bodyandmoves.com website indicate the availability of the products offered for sale. This mention is only informative and Body&Moves shall not be liable for it. 
In the event of total or partial unavailability of a product, the Buyer will be notified by Body&Moves, as soon as possible, and by email. They will be offered either a product of equivalent quality and value, or the cancellation of their order. In case of cancellation of the order, the sums already paid by the Buyer will be refunded within fourteen (14) days of the order's cancellation. Beyond this period, the amounts paid will produce interest at the applicable legal rate.

4. Order

At any time, the Buyer may:
- obtain a summary of the products they have selected or modify their order, by clicking on "Cart" at the top right of each page;
- continue their selection of Products;
- complete their selection of Products and order them by clicking on "Checkout".
A summary of their order will appear on the screen. If the list presented to them matches the products they have chosen, the Buyer will confirm the summary by clicking on: "Place order". Once the Buyer has registered their order by clicking on the "Place order" button, they are deemed to have accepted wittingly and without reservation the present general terms and conditions of sale as well as the prices, volumes and quantities of products offered on sale and ordered. The Buyer must then register, either by entering their email address and password, if they have a customer account, or by completing accurately the form at their disposal, on which they will include the information needed to identify them with their last name, first name and postal address. The Buyer is informed and agrees that the input of any login details is proof of their identity and expresses their consent. 
Once identified, a purchase order will appear on the screen, summarizing the details of the order: the nature, quantity and price of the products selected by the Buyer, as well as the total amount of the order, the different delivery methods and their cost, the contact details of the Buyer and the delivery address of the products. 
After having noted the status of their order, and once all the requested information has been completed, the Buyer may proceed to the payment of their order. They will choose the means of payment that they wish to use to pay for their order, given that the Buyer must have the means of payment as defined in Article 5 below. They will click on the button corresponding to the means of payment they will have chosen. 
The sale will be considered final only after the Seller has sent to the Buyer the order confirmation by email and collected the full price. 
Any fraudulent order or presumed as such, will be considered by Body&Moves as null and void.

5. Payment

The total amount (processing and delivery costs included) of the payment due by the Buyer is indicated at the time of final confirmation of the order, as well as in the email summarizing the order. 
Payment for purchases is made at the customer's choice:
- by credit card (Visa, MasterCard, Carte Bleue); or
- by PayPal.
 Secure payment by credit card: 
You can pay for your order by credit card: in this case the payment will be handled on our partner Adyen’s website. This implies that no banking information concerning you passes through the www.bodyandmoves.com website. Your order will be registered as soon as the bank service has accepted your payment. You can pay online on trust by entering your card’s expiration date and the security code found on the back of the card in the corresponding fields. 
Your card details are encrypted according to the SSL (Secure Socket Layer) protocol and are never legibly transmitted on the network. The payment is made directly to the bank. The Seller has no access to these details and does not keep them on its servers. 
Payment by PayPal: 
PayPal is a secure online payment system. If you choose to pay via PayPal, you will be automatically directed to your PayPal account. 
Once the PayPal payment has been validated, you will be able to complete your order on the Website. 
Payment control:
Body&Moves reserves the right to check the validity of the payment prior to the dispatch of the order, by any means that the Seller deems necessary (including the request for proves of identity, address, etc.). 
Non-payment:
Body&Moves reserves the right to refuse to carry out a delivery or to fulfil an order coming from a customer who would have not entirely or partly paid a previous order, or with whom a payment dispute would be under litigation. In case of fraud or suspicion of fraud, the Seller reserves the right to strike off any member without any notice or compensation.

6. Delivery

6.1 Place of delivery 
The Seller delivers to France, the French Overseas Department and Territories, as well as to the countries of the European Union. We reserve the right to cancel or refuse any order for delivery to an address outside these territories. 
The products of the X-Pole, M-Pole and Lupit Pole brands are delivered exclusively to Metropolitan France and to some countries of the European Union. 
The ordered products will be sent to the address specified by the Buyer during the ordering process. The Seller cannot be responsible for delays in delivery caused by the Buyer giving an incorrect or incomplete address. 

6.2 Delivery time: In-Stock items
Body&Moves makes every effort to ensure that the order is delivered in a timely manner. Orders placed on the site on Fridays from 1 p.m., on Saturdays or on Sundays will only be processed on the following Monday. Orders placed on the site on a holiday will be processed the next working day. 
For deliveries in France (excluding X-Pole, M-Pole and Lupit Pole products)
We use Colissimo for deliveries to Metropolitan France. The delivery period is 2 to 4 working days on average. If the recipient is absent when our transport provider passes by, the package will be dropped off at a post office near the delivery address. For deliveries to one of the retailers of the Colissimo network, the recipient will be able to collect the package within 10 working days on presentation of a proof of identity, and the delivery notice in case of home delivery. At the end of this period, unclaimed packages will be returned to us. We can accept no responsibility for delays in delivery caused by the absence of the recipient of the package or its non-collecting within the time provided for this purpose. Upon receipt of the returned package due to no show of the Buyer at the chosen delivery point, Body&Moves will cancel and refund the order. 
For deliveries to Europe
From the dispatch of the order, the average delivery times are as follows:
• 2 to 5 working days by FedEx;
• 3 to 7 working days by GLS or Colissimo International. 
For deliveries of X-Pole, Pole4You, M-Pole and Lupit Pole products (France and International)
X-Pole, M-Pole and Lupit products might be shipped directly by the supplier to the Buyer. The purchase of products of the X-Pole, M-Pole and Lupit Pole brands is subjected to an additional charge for delivery detailed on the product sheet and at the time of confirmation of the order. 
The ordered Items will be delivered within a maximum period of 30 calendar days of placing the Order, subject to full payment of the price. The delivery time runs from the receipt of your payment. It includes the time of preparation of the order as well as the time of shipping and delivery by the carrier. 
In case the delivery deadline has exceeded more than seven days, without being justified by a case of force majeure, you can request the cancellation of the sale in the conditions provided for in Article L.114-1 of the French Consumer Code and obtain the refund of the sums already paid, excluding any other compensation. 
All products leave our premises in perfect condition. The Buyer is required to examine, in the presence of the post-office employee or the deliveryman, the state of the goods' packaging and its contents upon delivery. 
In the event that the Buyer has any doubt of any nature whatsoever about the condition or the contents of their parcel, they are required to:
- apply the Colissimo procedure (in particular to report the due damages, all claims and reserves) and refuse the goods by immediately issuing an irregularity report to the post-office employee ("Constat 170" in France) or the nearest post office within 48 hours of receiving the parcel;
- report these incidents within 48 hours to Body&Moves at info@bodyandmoves.com with the order number. 
The exchange of any product declared in retrospect damaged during transport will not be accepted if no reservation has been recorded when the parcel was received.
Specificity of deliveries of X-Pole X-Stage podiums
The delivery of the X-Pole X-Stages is done at the "doorstep", that is to say at the foot of the truck at the curb in front of the house or at the foot of the building. No delivery will be made upstairs or in the home. Delivery does not include installation of the stage. The delivery address indicated when ordering must be in a street accessible by vehicle.
X-Pole X-Stage podiums packages are heavy and bulky, so the recipient will have to make arrangements to be able to receive the packages and transport them by their own means to the room of use. These packages are most often packaged and delivered on a pallet. Single-use pallets are not reused after delivery. They are neither taken back nor eliminated.
Special conditions may be applied for Corsica, the islands, and certain high-altitude localities (delivery not available or at extra cost).
The transport company must contact the customer to schedule a day for the delivery. Deliveries are made from Monday to Friday, during working hours. The customer undertakes, for himself or for the recipient of the order, to be present to take delivery of the goods at the address he indicated when ordering. The impossibility of delivering the customer by his own doing (failure to meet a delivery appointment, address error, non-communication when ordering of special access conditions, etc.) results in the loss of his participation in shipping costs. Return costs are also deducted from the refund of the item. If the customer wishes a new delivery, the contribution to the delivery costs must again be paid by the customer in advance.
The customer undertakes, after opening and checking the contents of the packages in the presence of the carrier, to sign the delivery receipt presented by the delivery person. In the event of a problem: breakage, anomaly, scratch, condition of the packaging, etc., the customer will make all reservations corresponding to the observations noted on the delivery note, have the delivery person co-sign and keep a copy of the document. These reservations must be very precise (which product presents which damage) to be considered and give rise to a replacement. The words "subject to unpacking" do not constitute a valid reservation. By signing the delivery receipt apart from specific reservations, and accepting the products, the customer acknowledges having received the merchandise in a condition giving him complete satisfaction. Therefore, any complaint related to the condition of the products delivered cannot be received.
If reservations are expressed, in the event of a delivery that does not comply with the order, the customer must inform Body & Moves by indicating the order reference, by calling our customer service representative on 09 66 91 85 68 or by contacting customer service in the section “Contact us” from the site or by email at info@bodyandmoves.com.

6.3 Delivery time: Pre-Ordered items
Body&Moves offers the possibility of pre-ordering certain items in the process of restocking. These items are indicated on their product page by the words “available for pre-order”, "waiting list", and/or “pre-order”. The purchase of products of the X-Pole, M-Pole and Lupit Pole brands is subjected to an additional charge for delivery detailed on the product sheet and at the time of confirmation of the order. A pre-order guarantees the Buyer a place on the waiting list to receive an item when it comes back in stock. The times between pre-ordering and delivery vary by product, and an estimate is shown on the product page, in the cart, and when paying for the order. This estimate is only informative, and Body&Moves shall not be liable for it. The Buyer may cancel a pre-order free of charge if their package has not been processed at the warehouse. He can do so by email at info@bodyandmoves.com specifying the order number and the reference of the item(s) concerned as mentioned in the order confirmation, or by phone at +33 9 66 91 85 68 (Monday to Friday from 10 a.m. to 12:30 p.m. and 2 p.m. to 5:30 p.m.). In the event of cancellation of the pre-order, the sums already paid by the Buyer will be refunded to him within fourteen (14) days of the cancellation of the order. Beyond this period, the sums paid will bear interest at the legal rate in force.

7. Right of withdrawal / return of products

In accordance with Article L. 121-20 of the French Consumer Code, the Buyer has a period of 14 days, as from the date of receipt, to return at their own expense the products ordered for refund. We extend this period to 15 days. This period runs from the date of receipt of the order by the Buyer. 
To return an item, the Buyer must contact the Body&Moves company to inform them about the return. It can be done by email to info@bodyandmoves.com, specifying the order number and the reference of the items concerned as mentioned in the delivery order, or by telephone at +33 (0)9 66 91 85 68 (Monday through Friday from 10:00 a.m. to 12:30 p.m. and from 02:00 p.m. to 05:30 p.m.). 
Once the Seller has been notified, the Buyer must dispatch their item(s) at the latest within 7 calendar days from the date of the return form, in the Items' original packaging, by recorded delivery parcel to the following address: 
Body&Moves
4 Passage St Antoine
92500 Rueil-Malmaison
FRANCE
Body&Moves will not accept packages sent by freight collect. When a Buyer returns products, any risk related to the return of the product is the Buyer's responsibility. 
The products should be returned to Body&Moves in a perfect state for resale, in their original condition (packaging, accessories, instructions), duly sealed. Any product that would have been damaged will not be refunded, taken back or exchanged. In this event, no refund could be required and the Buyer will remain the owner of the product, which can be returned to their address at their own expense. 
Items should be tried with underwear. For hygiene reasons, any returns that do not comply with this procedure will not be eligible for refund. 
Due to hygiene reasons, tights and underwear must be returned unsealed and unused, otherwise the refund cannot be issued. 
If the above-mentioned conditions are fulfilled, Body&Moves will exchange the product or refund to the Buyer the sums corresponding to the products acquired by them, within thirty days.

8. Warranties

By virtue of the legislative and regulatory provisions, all orders are subjected to the legal guarantee of conformity of articles L 211-1 and following of the French Consumer Code and the guarantee of the hidden defects of the French Civil Code, provided for in articles 1641 and following. 
The Buyer cannot claim any legal or contractual guarantee, if the damage results from an abnormal use of the product by the Buyer. Also, they will not be able to benefit from any guarantee if the product has been the subject of a modification or repairs which has not been authorized by the Seller.

9. Liability

For all stages of site access, processes of order, delivery, customer service and all subsequent services, the Body&Moves company is only bound by an obligation of means. Body&Moves shall not be held responsible for breach of contract in case of stock shortage or product unavailability due to acts of force majeure, disruption, or total or partial strike of postal services and means of transport and/or communications. 
The computerized records stored in Body&Moves' information systems under reasonable security conditions will be considered as proof of communication, orders and payments made between Body&Moves and the Buyer. 
Body & Moves shall not be liable for any loss of data or files. It is the Buyer's responsibility to make all necessary backups. 
Body&Moves shall not be held liable for damages of any kind, whether material or immaterial, direct or indirect that could result from misuse of the product, or adaptation or modification carried out at the sole initiative of the Buyer.

10. Intellectual Property

All the elements (texts, comments, works, illustrations and images) of the www.bodyandmoves.com website are reserved under copyright as well as intellectual property rights, worldwide. As such and in accordance with the Intellectual Property Code, only private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. The total or partial reproduction of the www.bodyandmoves.com website is strictly prohibited without prior agreement.

11. Personal data

Giving personal information collected in the context of distance selling is mandatory. This information is necessary for the processing and delivery of orders as well as for the preparation of invoices. It is strictly confidential. The lack of information implies the automatic rejection of the order. All personal information collected by www.bodyandmoves.com, including the use of cookies in accordance with the legislation in force, are only used in the context of the commercial relationship with the user. These data are intended for the use of www.bodyandmoves.com and help us to personalize and continually improve your shopping experience on our site. We use them to process orders, deliver products, process payments and communicate with you regarding your orders, products and promotional offers. 
By virtue of the Act N°78-17 of 6 January 1978 on information technology, data files and civil liberties, the processing of personal data collected on the Site has been the subject of a declaration to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés). The User has the right to rectify, consult or modify and erase the data they have provided to the Seller. This right can also be exercised online.

12. Cookies

www.bodyandmoves.com resorts to the use of cookies to identify the User when logging on to the www.bodyandmoves.com website. The User may at any time disable the use of these cookies by selecting the appropriate settings in his browser. However, this desabling will prevent access to certain features of the site allowing to customize the services offered by www.bodyandmoves.com. 
When the User browses the www.bodyandmoves.com website, cookies from partner companies may be placed on the User's computer. These cookies are intended to identify the items consulted or purchased on the www.bodyandmoves.com website and to collect browsing data in order to personalize the advertising offer that is sent to the User outside the www.bodyandmoves.com website. 
In the context of this type of advertising partnership, www.bodyandmoves.com may be required to disclose to the partner data concerning the items consulted by the User when browsing the site and the nature of their purchases.

13. Partial invalidity

If any provision of these general terms of sale was or became invalid or unenforceable, the validity of the other provisions would not be affected. The void or unenforceable provision would then be replaced by the applicable legal provisions.

14. Non-waiver

The fact that one party did not claim a breach with the other party to any of the obligations contained in these general terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation.

15. Governing Law

These general terms and conditions are subject to French law. This law applies in both substance and form. In the event that a dispute arises between the Buyer and Body&Moves, the Parties undertake to seek an amicable solution, taking into account the interests of each of them before taking any legal action. Otherwise, only the French Courts will be competent.