Terms and Conditions of Sale

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ARTICLE 1 : PARTIES

These Terms and Conditions of Sale (TCS) apply between :

TINI SPORT SRL

Registration number in the Trade Register: BE0765.385.230

Headquarters: 41 Boulevard Dolez, 7000 Mons, Belgium

And:

Any individual or legal entity, hereinafter referred to as "the Buyer", wishing to make a purchase via one of the websites whose rights are held by TINI SPORT SRL.

These Terms and Conditions of Sale (TCS) are available at all times on the website or can be provided on request.

ARTICLE 2: SCOPE OF APPLICATION

The Buyer declares :

• Be at least 18 years old;
• Have the legal capacity to enter into a contract or be duly authorised to enter into a commitment under these Terms and Conditions of Sale (TCS);
• Be able to place an order on the website.

These Terms and Conditions of Sale (TCS) define the terms and conditions of distance selling, covering all stages of the order, from payment to delivery. They govern the relationship between the contracting parties and are accepted unreservedly by the Buyer when acquiring a good or service on the site.

These TCS shall prevail over any other general or specific conditions not expressly approved in writing by TINI SPORT SRL.

TINI SPORT SRL reserves the right to modify the Terms and Conditions of Sale at any time. The applicable Terms and Conditions will be those in effect on the date the Buyer places the order. It is therefore recommended to read the Terms and Conditions at each visit to the site.

ARTICLE 3: CHARACTERISTICS OF THE GOODS OFFERED

The products offered for sale are those listed in the catalogue published on the TINI SPORT SRL website.

These products are available while stocks last. This condition does not apply to specific promotional operations (excluding sales and clearance sales), which will comply with the legal and regulatory provisions in force, in particular the relevant articles of the French Commercial Code and the decrees relating to price advertising.

Each product is accompanied by a description drawn up by the supplier or, in the case of products assembled by TINI SPORT SRL, a description provided directly by the latter. The Buyer may consult the suppliers' documentation if necessary.

The photographs in the catalogue are faithfully presented but do not guarantee a perfect match, particularly in terms of colour or finish.

Retention of title: The products remain the property of TINI SPORT SRL until full payment of the price by the latter.

If the Purchaser wishes to acquire a product in order to combine it with another product already in his/her possession (for example to ensure compatibility or coordinated assembly), he/she must clearly indicate this at the time of ordering. In the absence of such communication, TINI SPORT SRL declines all responsibility in the event of unforeseeable incompatibility.

ARTICLE 4: PRICES

The prices of the products offered by TINI SPORT SRL are indicated in euros (€), inclusive of all taxes (TTC). They include standard packaging but exclude:

• Processing and shipping costs ;
• Charges for gift or special packaging.

Any taxes, duties, levies or other additional charges applicable under the legislation in force in the country of destination shall be borne exclusively by the Buyer.

An invoice is issued on request and can be downloaded or sent by e-mail. Full payment of the amount due by the Buyer is required on the date of issue of the invoice, which also marks the start of the product warranty period.

Price review :

TINI SPORT SRL se réserve le droit de modifier ses prix à tout moment. Toutefois, les produits seront facturés sur la base des tarifs en vigueur au moment de l’enregistrement de la commande par l’Acheteur.

Special conditions for sales to professionals:

• No discount will be granted for early payment;
• No quantity or quality discount will be applied, except by prior written agreement.

ARTICLE 5: ORDER

Any order placed on the TINI SPORT SRL website must meet the normal needs of the Buyer. TINI SPORT SRL declines all responsibility in the event of the products being used for purposes other than those intended, unless explicitly stated otherwise in the product description.

To validate an order, the Buyer must :

1. Fill in the identification form with your full contact details or, if applicable, indicate your customer number;
2. Add the products you want to your online basket by selecting the corresponding references;
3. Check the products and quantities in your basket before confirming your order;
4. Make the payment in accordance with the terms and conditions;
5. Confirm your order and payment.

Confirmation of the order by the Buyer implies :

• Unreserved acceptance of these Terms and Conditions of Sale (TCS);
• Acknowledgement of having read it ;
• Waiver of any application of its own general or special conditions.

All the data supplied and the recorded confirmation constitute proof of the transaction. This confirmation constitutes an electronic signature and acceptance of the operations carried out.

Confirmation and liability :

A confirmation of the order will be sent by e-mail to the Purchaser by TINI SPORT SRL. The latter declines all responsibility in the event of data entry errors by the Purchaser and the resulting consequences. In the event of the need for re-shipment due to an input error, the associated costs shall be borne by the Purchaser.

ARTICLE 6: TERMS OF PAYMENT

The price is payable at the time the order is placed. The Buyer must use one of the payment methods offered on the site when placing the order.

Payment process

• Payments are made via secure systems that guarantee the confidentiality and protection of the data transmitted.
• The shipment of products can only take place after validation of payment by TINI SPORT SRL.

Late payment

In the event of late payment, TINI SPORT SRL reserves the right to apply late payment interest, calculated on the basis of the legal rate in force, from the date of formal notice to the Buyer.

ARTICLE 7: PAYMENT SECURITY

In order to guarantee the security of payments, TINI SPORT SRL uses a secure payment service that complies with the standards in force, in particular the SSL (Secure Socket Layer) protocol. This system ensures that confidential data, such as bank card number, expiry date and cryptogram, are transmitted directly in encrypted form and do not pass through TINI SPORT SRL's servers.

Entering the payment details online, followed by final validation of the order, constitutes :

• Proof of the completeness of the order;
• Express acceptance of these general terms and conditions of sale;
• Payment of the sums corresponding to the items shown on the order form.

This validation has the value of an electronic signature and is irrevocably binding on the Buyer.

ARTICLE 8: CUSTOMS DUTIES

Any order placed on the site and delivered outside Belgium may be subject to taxes and customs duties applicable on arrival of the parcel in the country of destination. These customs duties and taxes are the responsibility of the Buyer.

TINI SPORT SRL is not responsible for the obligation to inform the Buyer about taxes or customs duties applicable to delivery in a specific country. It is therefore recommended that the Buyer consult the competent authorities of their country to learn about any applicable taxes and duties.

ARTICLE 9: AVAILABILITY

Product offers and prices are valid as long as they are visible on the site, while stocks last, except during promotional periods, sales or price reductions.

For products not stocked in the TINI SPORT SRL warehouses, offers are valid subject to availability from suppliers.

Information on product availability will be provided when the Buyer places the order. This information comes directly from the suppliers, which may lead to errors or changes.

If a product is unavailable after the order has been placed, the Buyer will be informed by e-mail as soon as the information is received from the supplier. The order will be automatically cancelled and, if payment has been made, the Buyer will be immediately reimbursed for the sum paid.

ARTICLE 10: DELIVERY

Deliveries are made to the address indicated when the order was placed, accompanied by a detailed invoice. This address determines the amount of the delivery charges, which are calculated according to the mode of transport, the number of items, the weight and the total amount of the order.

Due to higher delivery costs in some countries, additional delivery charges may apply. If the buyer wishes to obtain information regarding shipping terms and costs for delivery abroad, they may contact TINI SPORT SRL by email.

TINI SPORT SRL undertakes to inform the buyer, before concluding the contract, of the deadline by which it commits to delivering the products. In case of a delay of more than seven days beyond the indicated delivery date, the buyer may cancel the order by registered letter with acknowledgment of receipt.

In this case, TINI SPORT SRL undertakes to refund the sums paid within 7 days.

TINI SPORT SRL makes every effort to meet the delivery deadlines stated on the site but cannot be held responsible for delays or losses of parcels caused by third parties to the transport contract, by the buyer, or due to unforeseen and insurmountable circumstances constituting force majeure.

In the event of non-receipt of a parcel within the time limits indicated, the buyer may contact customer service to report the problem. An investigation will then be carried out with the carrier, and this operation may take up to 21 working days from the opening of the file. If the parcel is found during this period, it will be returned to the delivery address. If the parcel is considered lost, the buyer will be reimbursed the sums paid.

During this investigation period, no refunds or returns will be made. On receipt of the order, the purchaser is invited to check that the products delivered conform to the order and to indicate any anomalies on the delivery note, accompanied by his/her signature.

ARTICLE 11: RIGHT OF WITHDRAWAL AND RETURNS

The buyer benefits from a withdrawal period of 7 days from receipt of his/her order to return a product to TINI SPORT SRL for exchange or reimbursement, without penalty.

Prior to any return, the buyer must contact the customer service department of TINI SPORT SRL by email or telephone (call not surcharged) in order to obtain a returns number and a returns form. This form must be duly completed and sent with the returned products.

The return address is as follows

TINI SPORT SRL
100 rue des viaducs
7020 Nimy

Once the parcel has been received, TINI SPORT SRL will send an email confirming receipt and indicating the method of reimbursement. The buyer will be reimbursed by cheque, credit card or bank transfer. The amount of the product as well as the initial delivery costs will be reimbursed (the return costs remaining the responsibility of the buyer). The refund will be made within 7 working days.

Products returned must be in their original condition, unused, unworn, undamaged and in their original packaging. No refund will be made if the products are incomplete, used, soiled, damaged or out of their original packaging.

In accordance with current legislation, the right of withdrawal does not apply in the following cases:

1. Supply of goods whose price depends on fluctuations in the financial market;
2. Supply of goods made to the buyer's specifications or personalised goods, or goods likely to deteriorate rapidly;
3. Supply of audio or video recordings or computer software if these have been opened by the buyer.

The buyer acknowledges that he/she has been informed of the existence and limits of the right of withdrawal, as defined above, and accepts these general conditions of sale with full knowledge of the facts.

The cost of returning goods is borne by the purchaser if the goods delivered conform to the order. Shipping costs for a parcel without postage will be deducted from the amount to be refunded. In the event of an abusive return, TINI SPORT SRL reserves the right to refuse any future order.

ARTICLE 12: GUARANTEE.

All products supplied by TINI SPORT SRL benefit from the legal guarantee.

Commercial guarantee: The buyer may only assert his right to the guarantee if he is up to date with his obligations towards TINI SPORT SRL.

Any claim, request for exchange or refund must be made by email or by registered letter with acknowledgement of receipt, within 7 days of receipt of the products, to the following address

TINI SPORT SRL
41 Boulevard Dolez
7000 Mons

ARTICLE 13: LIABILITY

TINI SPORT SRL, in the context of online sales, is only bound by an obligation of means. Its liability cannot be engaged for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other involuntary issues.

TINI SPORT SRL disclaims all liability in case of force majeure or events beyond its control, preventing the proper execution of orders.

In the context of professional purchases, TINI SPORT SRL may not be held liable for indirect damages, such as operating loss, loss of profits, loss of opportunity, damages or expenses, which may arise from the purchase of products.

TINI SPORT SRL disclaims all liability if the delivered item does not comply with the legislation of the country of delivery other than Belgium.

TINI SPORT SRL is committed to providing all necessary care in delivering the service offered to clients. However, its liability cannot be engaged in case of failure to meet contractual obligations due to a fortuitous event or force majeure, as defined by case law.

The liability of TINI SPORT SRL shall not be incurred in the event of a delay due to the supplier being out of stock.

ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS

All elements of the TINI SPORT SRL site are and will remain the intellectual and exclusive property of TINI SPORT SRL.

No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual or audio, under penalty of criminal prosecution.

Any simple link or hypertext link is strictly prohibited without the express written consent of TINI SPORT SRL.

Any authorised link must be removed on simple request from TINI SPORT SRL.

ARTICLE 15: PERSONAL DATA

In accordance with applicable legislation, personal information relating to purchasers may be processed automatically.

The processing of personal data collected on the site has been declared to the competent authorities.

TINI SPORT SRL reserves the right to collect information about buyers, including through the use of cookies.

The information is used to compile statistics in order to improve this website. Like many websites, we use "cookies". Their purpose is to indicate a previous visit by the Internet user to the site. You can disable the use of cookies by selecting the appropriate settings on your browser.

In addition, TINI SPORT SRL uses "Google Analytics", a website analysis service provided by Google that measures the traffic generated on the website using cookies. This data relating to the use of the website will be transmitted and stored under the sole responsibility of "Google".

NB: A cookie does not enable TINI SPORT SRL to identify the buyer, on the other hand, it records information relating to the browsing of the buyer's computer on the TINI SPORT SRL website. It is possible to configure the browser so that cookies are inoperative.

Buyers may object to the disclosure of their details by notifying TINI SPORT SRL. Similarly, users have the right to access and rectify data concerning them, in accordance with applicable legislation.

ARTICLE 16: ENTIRE AGREEMENT

In the event that one of the clauses of this contract should be null and void due to a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with the rest of these general terms and conditions of sale.

ARTICLE 17: DURATION

These terms and conditions apply for as long as the services offered by TINI SPORT SRL are online, and may be amended or supplemented at any time, with the applicable terms and conditions being those online at the time the order is placed.

ARTICLE 18: ARCHIVING–EVIDENCE

TINI SPORT SRL will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy.

The computerised records of TINI SPORT SRL will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 19: COMMERCIAL LINKS

Commercial links may be introduced into the various pages making up the TINI SPORT SRL website.

TINI SPORT SRL is not responsible for the content or operation of these sites, nor for any damages or harm of any kind suffered by the buyer in connection with accessing these sites.

ARTICLE 20: DISPUTE RESOLUTION

These Terms and Conditions of Sale (TCS) are governed by Belgian law.

In the event of a dispute arising from this contract, it may, by mutual agreement, be submitted to arbitration, to the exclusion of any recourse to the courts. The arbitration will then be established as follows:

• The party wishing to submit a dispute to arbitration must inform the other party by registered letter, indicating the subject of the dispute;
• Each party shall, within one month, designate the arbitrator of its choice and notify the other party by registered letter;
• If a party does not choose its arbitrator within the period indicated above, the other party may refer the matter to the President of the Commercial Court within whose jurisdiction the registered office of TINI SPORT SRL is located with a view to the appointment of such arbitrator ;
• In the event of a tie, the arbitrators shall appoint a third arbitrator. Failing agreement, the third arbitrator will be appointed at the request of the most diligent party by the President of the Commercial Court of the same jurisdiction in which the registered office of TINI SPORT SRL is located;
• The arbitration award will be final and binding on both parties.

In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction shall be attributed to the competent court within the jurisdiction of the registered office of TINI SPORT SRL, notwithstanding plurality of claimants or third party proceedings.

In the event that the client is not a Belgian resident, disputes relating to the commercial relationship with TINI SPORT SRL shall be subject to the exclusive jurisdiction of the Belgian courts.