1. Purpose and scope
These General Terms and Conditions of Sale ("Terms") govern the contractual relationship between PAIRFORMANCE, a French simplified joint-stock company (SAS) with a share capital of €500, whose registered office is located at 8 B rue Sainte-Marie, 92400 Courbevoie, France, registered with the Nanterre Trade and Companies Register under number 993 728 930 (hereinafter "the Seller"), and any individual making a purchase on the website pairformance.fr (hereinafter "the Customer"). Placing an order on the website constitutes unreserved acceptance of these Terms by the Customer. Email: contact@pairformance.fr.
2. Products
The products offered for sale are those appearing on the website at the time of consultation, within the limit of available stock. The Seller reserves the right to modify the range of products offered at any time. Product photographs and descriptions are as accurate as possible but cannot guarantee a perfect match, particularly with regard to colours, due to possible variations linked to display screens.
3. Price
Prices are stated in euros, all taxes included. The Seller reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the day of the order is the only price applicable to the Customer. Delivery charges are shown before final confirmation of the order and are added to the price of the products ordered.
4. Order
The Customer selects the products they wish to order, adds them to their cart, then confirms the order after checking its details and total price. Final confirmation of the order implies an obligation to pay, of which the Customer is clearly informed before confirming. Confirming the order constitutes acceptance of these Terms, acknowledgement of having read them in full, and waiver of any right to rely on any contradictory document. A confirmation email summarising the order details is sent to the Customer at the address provided when ordering.
Where required by law, in particular for contracts concluded electronically for an amount equal to or greater than €120, PAIRFORMANCE keeps a record of the contract and guarantees the Customer access to it on request, under the conditions and for the period provided for by the French Consumer Code.
5. Payment
Payment is due immediately upon ordering. The Customer may pay by credit card or via Apple Pay. Transactions are secured by the payment providers integrated into the Shopify platform. The Seller does not store any of the Customer's banking details.
6. Delivery
PAIRFORMANCE delivers orders to the delivery areas offered at the time of ordering, using the delivery methods available at that time. The applicable delivery date or timeframe is communicated to the Customer before the order is confirmed and constitutes the deadline by which PAIRFORMANCE commits to deliver. In the absence of a specified date or timeframe, delivery takes place without undue delay and no later than thirty days after the contract is concluded.
Where the carrier is arranged by PAIRFORMANCE, PAIRFORMANCE remains responsible to the Customer for the proper completion of delivery until the goods are physically handed over to the Customer or to a third party designated by them. The risk of loss or damage passes to the Customer at the moment when they, or a third party they have designated other than the carrier, physically takes possession of the goods, subject to the cases provided for by law where the Customer chooses a carrier not offered by PAIRFORMANCE.
In the event of delay or failure to deliver, the Customer is entitled to the rights provided for in Articles L.216-1 et seq. of the French Consumer Code, in particular the possibility, under the legal conditions, of requesting delivery within a reasonable additional period or of terminating the contract. In the event of termination, sums paid are refunded within the statutory timeframes.
For deliveries outside the European Union, customs duties, import taxes or clearance fees may be charged by the authorities of the destination country. Unless otherwise stated when ordering, these costs remain the Customer's responsibility.
7. Right of withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen days from receipt of the goods to exercise their right of withdrawal, without having to give reasons or bear any costs other than those provided for by law. Where an order covers several goods delivered separately, this period runs from receipt of the last item.
The Customer may exercise this right by means of an unambiguous statement sent to PAIRFORMANCE, using the standard withdrawal form, or directly via the online withdrawal feature available on the website. After notifying their decision, the Customer has fourteen days to return the goods, unless PAIRFORMANCE offers to collect them.
The terms for exercising this right, return costs and refund timeframes are detailed in our Return Policy.
8. Legal warranties
All products sold on the website benefit from the legal warranty of conformity (Articles L.217-1 et seq. of the French Consumer Code) and the legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), at no extra cost. The box below sets out the information the law requires us to bring to the Customer's attention on this subject.
Legal warranty of conformity
The consumer has a period of two years from delivery of the goods to invoke the legal warranty of conformity should a lack of conformity appear. During this period, the consumer only needs to establish the existence of the defect, not the date on which it appeared.
Where the sales contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to that digital content or digital service throughout the intended supply period. During this period, the consumer only needs to establish the existence of the defect affecting the digital content or digital service, not the date on which it appeared.
The legal warranty of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests repair of the goods but the seller imposes replacement instead, the legal warranty of conformity is renewed for a period of two years from the date of replacement.
The consumer may obtain a reduction in the purchase price while keeping the goods, or end the contract and be fully refunded upon returning the goods, if:
- The trader refuses to repair or replace the goods;
- Repair or replacement of the goods takes place after a period of thirty days;
- Repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
- The lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.
The rights set out above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if they keep the goods, or a full refund upon returning them.
To invoke a legal warranty, the Customer may contact PAIRFORMANCE at contact@pairformance.fr, stating their order number and describing the defect observed. Rights arising from legal warranties are separate from the commercial return policy and are not limited by it.
9. Liability
The Seller cannot be held liable for failure to perform the contract in the event of a stock shortage or product unavailability, force majeure, total or partial disruption or strike affecting, in particular, postal services and means of transport, or in the event of misuse of the products by the Customer.
10. Intellectual property
All elements of the pairformance.fr website (text, logos, images, layout) are the exclusive property of PAIRFORMANCE and are protected by intellectual property law. Any reproduction without prior authorisation is prohibited.
11. Personal data
The processing of the Customer's personal data is described in our Privacy Policy.
12. Governing law and disputes
These Terms are governed by French law, subject to any mandatory provisions offering greater protection to which the consumer may be entitled under the law applicable to them.
In the event of a difficulty, the Customer is invited to first contact PAIRFORMANCE in writing at contact@pairformance.fr in order to seek an amicable solution.
In accordance with the provisions of the French Consumer Code relating to mediation, after a prior written complaint to PAIRFORMANCE has not resulted in a satisfactory solution, the consumer Customer may make free use of the consumer mediator with which PAIRFORMANCE has entered into an agreement: CM2C — Centre de Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France — Phone: +33 1 89 47 00 14. A claim can be filed online on the CM2C website, under the "Déclarer un litige" (File a dispute) section, subject to the eligibility conditions set out by the applicable regulations. cm2c.net/declarer-un-litige.php.
Failing an amicable agreement or mediation, the dispute may be brought before the competent courts under ordinary law rules. Consumers benefit, in particular, from the protective rules of territorial jurisdiction applicable to them.
13. Contact
For any question relating to an order, these Terms, a legal warranty or a complaint, the Customer may contact PAIRFORMANCE at contact@pairformance.fr.