Terms of Service Europe

APPLICABILITY

The use of information, images, documents and/or other services on the 100% (100percent.eu) European online store, and its various versions.

 

  1. CONDITIONS OF USE OF THE WEBSITE

EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may contain links to external websites. 100% hereby expressly declares that it has no influence whatsoever on the layout or content of the linked pages and expressly disassociates itself from all contents of all linked pages of third parties. 100% is not responsible for the use or content of websites that refer to this website or to which this website refers. Our privacy and cookie notices do not apply to the collection and processing of your personal data on or via such external sites.

INFORMATION ON THE WEBSITE

The information on the Website is provided for general information purposes only and is not intended to be advice. Even though 100% has composed its Website with care, the information, text, documents, graphics, films, music and/or other services/information contained therein may contain errors or, in any case, be inaccurate or incomplete due to translations. 100% does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or the information is correct, up-to-date and accurate.

To the maximum extent permitted by applicable law, 100% shall not be liable for damages resulting from the temporary inability to use the Website, and for damages caused by malicious software and viruses, unless such damages result from intent or gross negligence on the part of 100%.

In addition, 100% shall not be liable for damages resulting from the use of (or inability to use) electronic means of communication with this Website, including, but not limited to, damages resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

INTELLECTUAL PROPERTY

All trademarks, logos, product names and titles used on the Website are 100% trademarks or trade names or trademarks or trade names of third party owners. You are not authorized to use or reproduce these trademarks, logos or trade names, as this may constitute a violation of the rights of their holder.


The rights to the design of the Website, the texts, documents, films, music and/or other services and their selection and arrangement, and all software compilations, underlying source code, software and all other materials contained on this Website are 100% owned or licensed by and/or to its suppliers and subcontractors.

f you wish to use any materials or information from this Website, you must obtain our prior written approval.

DATA CONFIDENTIALITY

100% collects and processes your personal data in accordance with the privacy and cookie notices.

 

II. CONDITIONS OF SALE

ELIGIBILITY AND PLACING OF ORDERS

Eligibility

You can place an order as a registered or guest user. You need an e-mail address to place an order, and you may need to configure your browser to accept cookies and pop-ups, to be able to use the full functionality of the Website, including adding products to your shopping cart and submitting your order.


To place an order, you must be at least 16 years of age, or older if the applicable law of your country of residence requires it to enter into a contract with 100%, and you must be a consumer and not a reseller.

PLACE AN ORDER

The products offered on the Website represent an offer for the purchase of 100% products based on the data provided on the Website.

All prices shown are in euros including value added tax. Orders and deliveries are only accepted in the European Union. If 100% is unable to fulfill an order, 100% will inform you as soon as possible. Orders are only accepted in normal quantities for private individuals.

When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). We will also send you an email confirming that the Products have been shipped ("Shipping Confirmation").

The products on the Website are generally in stock and ready for shipment. Any sizes or colors that are out of stock are marked as unavailable. We may have stock problems when customers order products at the same time. If we are unable to dispatch an item that has already been ordered, we may cancel or reject that part of the order and the relevant amount will be refunded to you or you will not be charged. Occasionally, errors may occur.

If you have placed an order by mistake, or if you wish to cancel an order before it is delivered, please contact 100% Customer Service immediately by sending an email to: eucontact@100percent.eu. 100% will do its best to help you in any way it can.

Please note that we cannot make or accept changes to your order (address, size, color) once you have placed your order.

We explicitly reserve the right not to accept your order for any legitimate reason, including, but not limited to, the following situations:

  • Your billing information is not correct or cannot be verified;
  • Your order is flagged by our security systems as an unusual order or an order that may constitute fraud;
  • You are under 16 years of age or you are not of the age permitted by applicable law to enter into a contract with 100%;
  • You are a reseller ;
  • due to circumstances or events beyond our control.

 

PAYMENT AND PROMOTIONAL OFFERS

Method of payment

You can pay for the products by card (Mastercard, Visa, American Express), PayPal and by other means that may be applicable in your country;

The maximum amount you can spend on an order varies depending on the payment method you select and whether you are a registered user or a guest.

Promotional Offers

The promotional code can only be used once and is only valid for purchases on 100percent.eu.

The total amount of the order must be greater than the value of the discount code.

In case of return of part or all of an order, the promotional code can neither be refunded nor replaced.

The promotional code must be entered in the shopping cart page, field "Enter your promotional code", then click on "Apply".

Please note

:- Only one promotional code can be used for the same order, unless otherwise specified. -
It is not possible to combine discount codes with existing promotional
offers.
- In case of return, the value of the promotion code will be proportionally divided between the items ordered.

DATA VERIFICATION

During the payment process, 100% can perform checks on your ability to pay.  Based on the results of these verifications, 100% can change, adjust or refuse an order and/or the selected payment method. In most cases, 100% will offer you the opportunity to select a different payment method. Our customer service team will not be informed of the results of the credit checks.

TOTAL PRICE

The total price shown in the final payment screen includes taxes and shipping. This price will be recorded in the Order Confirmation. In case of payment by credit card, the total amount of your global order will be reported on your bank statement.

 

PRICES CHANGES

Product prices will be as posted on the Website. Prices may change from time to time, but such changes will not affect any order confirmed by us in the Order Confirmation.

 

DELIVERY AND RETENTION OF TITLE

Delivery

The delivery time is usually between 2 and 5 working days after the order has been shipped.


If the products delivered have obvious material or manufacturing defects, including transport damage, please notify us of such defects immediately by e-mail. Failure to do so will not affect your statutory rights.

 

Retention of title

You are responsible for the products after they have been delivered to the address you have provided. The products remain the property of 100% until payment has been made in full.

 

RETURN AND CANCELLATION OF ORDERS

Your right of withdrawal

Your online order can be returned within 14 days of receipt without giving a reason or notifying us.

If the delivery of your products consists of several parts, the withdrawal
period does not begin until you, or a third party designated by you other than the carrier, has taken physical possession of all the products. To respect this period, you must simply communicate your decision to terminate the contract before the expiry of this period. You must (i) inform us of your intention to return the Product(s) by following the instructions below; and (ii) physically return the Product(s) to us without delay and, in any event, no later than 14 days following your decision to exercise your right to return. If you return the Product(s) by mail, the Product(s) will be returned on time if you deliver the Product(s) to the post office or carrier within the above-mentioned withdrawal period.


If you withdraw from your order, we will refund all payments received from you, (including the cost of standard delivery) without undue delay and in any event no later than 14 days from the date we are notified of your decision to return the products. We may, however, withhold the refund until we have received the returned products. The following products cannot be returned: underwear and gift cards.

 

How to return a product

Returned products must be returned in the condition in which you received them: the returned products must be complete, not worn or used and not washed; all labels and other marks on the product must be intact; no use of the products other than what is reasonably necessary to establish their nature and characteristics and to decide whether you wish to keep them is permitted. If you fail to comply with the above and the value of the product declines as a result, we may hold you liable for such decline in value.


Please do not return products from multiple orders in the same package; this will speed up the process of getting your refund.

 

Returning defective products

You have the possibility to return any product that is defective, incorrectly described, or does not conform to your order. If your request is justified, the purchase price and shipping costs will be refunded.

We remind you, moreover, that you have several rights provided for by law in this context. The foregoing does not in any way limit your statutory rights.


We shall be liable for any lack of conformity of the products to the conditions set forth in articles L217-4 and following of the French Consumer Code, as well as for hidden defects of these products to the conditions set forth in articles 1641 and following of the French Civil Code. Please note that under the legal guarantee of conformity, you :

  • have a period of 2 years from the delivery of the product to submit a claim;
  • can choose between repair and replacement of the product, subject to the conditions relating to costs provided by Article L217-9 of the French Consumer Code ;
  • do not have to prove the lack of conformity of the product for a period of 2 years after delivery of the product. The legal guarantee of conformity is without prejudice to any commercial guarantee that may be provided.

You may also choose to act under the legal warranty against hidden defects in accordance with Article 1641 of the French Civil Code. In this case, you may choose between cancellation of the sale and a reduction of the sale price, as provided for in Article 1644 of the French Civil Code.

Exchange

100% does not allow you to exchange your product. In case of a insatisfaction, you need to return the product which be refund.

Refunds

Once the returned products have been verified and inspected, you will receive an email notification of refund if applicable.

Refunds usually appear on your statement after 10-15 business days from the day we receive the product(s). The timeframe depends solely on the policies of your card issuer. 
In order to obtain a full refund, it is important that we receive returned products in the condition in which you received them: returned products must be complete, not worn or used and not washed; all labels and other marks on the product must be intact; no use of the products other than what is reasonably necessary to decide whether you wish to keep them is allowed.

 

III. MISCELLANEOUS

CONTACT INFORMATION

100% France

1 bis, Allée du Cret

69890 La Tour de Salvagny

E-mail: eucontact@100percent.eu

 

AMENDMENTS

If 100% decides to modify these terms and conditions, the modified terms and conditions will be published on the Website. You are advised to regularly check any possible modification. Existing contracts will not be affected by these modifications. These general terms and conditions were last modified in May 2021.

 

APPLICABLE LAW AND JURISDICTION

Without prejudice to the mandatory legal rules of your place of residence, these general conditions are governed by French law, excluding the Vienna Convention on Contracts for the International Sale of Goods. Without prejudice to your legal rights to bring an action before the courts of your place of residence, the competent court of Lyon, France, shall have exclusive jurisdiction to settle any dispute in connection with these general conditions without prejudice to the right of appeal and appeal to the Supreme Court.


In the event of a dispute between the parties, if you are not satisfied with your written complaint to our customer service department or if you do not receive a response from our customer service department within a reasonable period of one (1) month, you may, but are not obligated to, use any other method of dispute resolution, including a mediation process by contacting the mediator(s) as follows:

Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/odr.

 

APPENDIX 1

PRODUCT RETURN INFORMATION

RETURN

Your online order may be returned within 14 days of receipt.

The following items may not be returned: underwear, gift cards.

Please make sure that you do not have returns from multiple orders in one parcel to ensure that you get your refund as quickly as possible.

Returned goods must be returned in the same condition as they were sent – and must have their original label. We will not accept or refund goods that have been worn or washed.

If the goods have been deteriorated due to a more extensive use, we reserve the right to send the product back to the shipper.

If the goods have been deteriorated during the delivery, you have to inform us  and take a reserve within 48 hours.

All products must be packed in the original, undamaged packaging including any accessories, manuals, documentation and registration that was included with the product.

In case of withdrawal, the cost of returning the product is the responsibility of the customer.

 

 

 

 

PRODUCT RETURN PROCEDURE

  • To exercise your right of withdrawal, you must inform us of your decision to withdraw from your order by email at: eucontact@100percent.eu. Please provide a copy of your order number in the email.
  • 100% generates a return authorization number
  • Securely package item(s) in original packaging (including documentation, manuals, warranty information, registration, etc.
  • All returns are shipped to 100% France:

100% France

your return authorization: example 12345    

1 bis, allée du Crêt

69890 La Tour de Salvagny

France

 

  • Once your return is received and verified, we will proceed to the refund within 15 business days of receipt.

 

For your protection we highly recommend you use a traceable shipping method. We are not responsible for lost or damage packages.

 

Last update, September 17 2021

 

 

The following conditions apply to reprocessing: 

All your items must be complete, unworn, unwashed and have all labels in the original packaging. Items must be returned within 14 days of receiving your order. 

In case of withdrawal, the cost of returning the product is the responsibility of the customer.

PRIVACY

When you visit our stores or sites, visit or interact with us through our websites, social media pages, e-mail or other digital means (the "Websites"), or when you view, purchase and use our online items, we collect and process information about you, which is referred to as personal data.


In this notice, we explain what personal data we collect about you, why we collect it and what we do with it. This notice applies to both consumers and small businesses, where indicated, (collectively "you" or "Customers") who purchase our products or otherwise interact with us online or offline.


Please note that this Privacy Notice is subject to change. Any changes will be effective when we post the revised privacy notice on our websites.

1. WHO IS THE DATA CONTROLLER?

2. WHAT INFORMATION DO WE COLLECT AND WHY?

    2.1. To manage your purchases, provide you with services (customer service) and respond to other requests

    2.1.1. Orders and accounts

    2.1.2. Customer service and other requests

    2.1.3. Modification of terms, conditions or notices

    2.1.4. Verification of cases of fraudulent use of bank cards or abuse of chargebacks

    2.2. To maintain our relationship with you through (digital) marketing and social network initiatives

    2.2.1. Newsletters, promotional communications or clickable links in an e-mail

    2.2.2. Personalized experience and enhancement of the online experience

    2.2.3. Personalized targeted advertising 2.2.4. Participation in a sweepstakes, contest, seasonal or other promotion 2.2.5. Listening to social networks

    2.3.To improve our services and articles

    2.4. In the context of a sale or commercial transaction

    2.5.To manage and improve the functionality of our websites

    2.6.To protect our interest

    3. USE BY MINORS

    4. WHO HAS ACCESS TO YOUR PERSONAL DATA?

    5. FOR HOW LONG DO WE KEEP YOUR PERSONAL DATA?

    6. DO WE TRANSFER YOUR DATA OUTSIDE THE EEA?

    7. YOUR RIGHTS

    8. OUR CONTACT DETAILS

     

    1. WHO IS THE DATA CONTROLLER?

    100% is responsible for this privacy notice. This legal entity is referred to as "we" or "us" in this document. You may contact us at the address listed at the end of this Privacy Notice.

    2. WHAT INFORMATION DO WE COLLECT AND WHY?

    2.1. To manage your purchases, provide you with services (customer service) and respond to other requests

    2.1.1. Orders and accounts

    When you purchase an item on one of our websites, we collect your name and company name (if you are a small business), your full address and/or billing address if separate, your email address, the items you ordered and returned, shipping information, billing information and other data related to the fulfillment of your order. We also collect data on the use of your vouchers (e.g., validity and amount) or gift cards. In addition, we collect certain data that you choose to provide us in additional fields, such as your date of birth.

    We use this data because we use it to conclude, execute and administer your purchase and to manage your order. Please note that in some cases the information requested may be mandatory. If you do not provide us with a name and delivery address, we will not be able to deliver your items.

    During the purchase process, you will have the opportunity to create a personal account. If you choose to do so, you will also be asked to create a personal password, provide us with your date of birth and choose to subscribe to marketing communications.

     

    2.1.2. Customer service and other requests

    We also collect certain data to answer your questions by mail, e-mail or online via a chatbot or online form. In this case, we will only ask you to provide us with the data necessary to process your request (to manage our contractual relationship with you and/or to comply with a legal obligation). For example, if you contact us regarding a return of an item, we may ask you for the date and place of your purchase or information regarding your decision to return the item to us.


    When you interact with chatbots, we also record what you respond to those chatbots and how you interact with them, and we will store data related to the device you use. Depending on the platform of the chatbot and your permissions, we may collect data related to the device such as: IP address, nickname used on social media, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data.

    We may process this data because we use it to manage our contractual relationship with you if your request is related to an order or because we have a legitimate interest in helping you and thus improving our services.

    2.1.3. Modification of terms, conditions or notices

    We are required by law to inform you of the terms and conditions and notices that apply to our relationship with you (and any changes to them). In order to comply with these legal obligations, we may use your contact details, such as your email address, to inform you.

    2.1.4. Verification of cases of fraudulent use of bank cards or abuse of chargebacks.

    If you wish to pay for your order by credit card, we will conduct a credit check to establish that your personal data is not associated with fraudulent use of credit cards or abuse of chargebacks. For this purpose, our payment service provider will use your name and bank details. We do not ourselves collect information about the payment instrument you use, e.g. credit card information. This information is processed only by our payment service provider and by the providers of the payment instruments subject to strict assurances as to the security of the information. We have these checks performed to protect our legitimate business interests to prevent fraud and financial loss, or to meet our legal obligations.

     

    2.2. To maintain our relationship with you through (digital) marketing and social media initiatives

    2.2.1. Newsletters, promotional communications or clickable links in an e-mail

    Where you consent or where we have a legitimate interest in doing so, we collect your e-mail address and/or cell phone number and/or postal address to send you our newsletter and other commercial messages. In addition, we will keep a history of the e-mails and SMS messages we send you and record what you do with them (for example, whether you open them or click on their contents). Please note that you may unsubscribe at any time by using the "unsubscribe" or "opt-out" button below, or by asking us to do so by contacting us using the contact information provided below or in the commercial message in question.

    2.2.2. Personalized Experience and Enhanced Online Experience

    When you visit our website, we place cookies, pixels and other digital tools with similar functionality ("cookies") on your browser or device to enable us to better understand you, personalize your experience with us and better target communication and marketing to you.

    Our use of cookies, pixels and other digital tools with similar functionality is described in more detail in our cookie notice.

    2.2.3. Personalized targeted advertising

    Your online and in-store purchase history, website behavior (pages visited, links clicked) and your interaction with chatbots will allow us to create and maintain your personal digital marketing profile to ensure that we show you only those advertisements that best suit your personal tastes. This is called targeted advertising. The more successful this targeted advertising is, the greater the satisfaction of our (potential) Clients.

    To be able to show you targeted advertisements, we can also link your data profile to Customers with a similar profile.

    We may also use the data for retargeting purposes by showing you a targeted advertisement on a third party website linked to an event on our website, such as a specific purchase that has been discontinued.

    In addition, Facebook, Google and other online players may independently record your use of our ads. Please read the privacy policies of these third parties as we are not responsible for the personal data they process for their own purposes.

    You may ask us to delete your digital marketing profile by sending us an email at eucontact@100percent.eu.

    We only use your data for targeted advertising if you have given your consent to the placement of cookies and the collection of personal data via these cookies. Our use of cookies, pixels and other digital tools with similar functionality is described in more detail in our notice on cookies.

     

    2.2.4. Participation in a random draw, contest or seasonal or other promotion

    We may offer you the opportunity to participate in a random draw, contest or other promotion. Some of these promotions have additional rules containing information about how we will use and disclose your personal data.

    We collect the necessary information, such as your name and e-mail address, to enable you to participate in the activity and to manage our contractual relationship with you. Personal data that we collect as part of a prize draw, contest, seasonal or other promotion may be subject to additional privacy notices.

    In principle, we obtain your personal data directly from you. However, in some cases, we receive personal data, such as your purchase preferences and activities, through publicly accessible databases, through our digital marketing activities or from our partners when they share this information with us.

    2.3. To improve our services and articles

    We process your personal data to identify usage trends and personalized service content (e.g., articles, size recommendations). The information we obtain is used to further improve our services and articles and to better meet your expectations.

    For example, if you actively communicate about us or our brands on social networks or interact with our chatbot or customer service, we may use your feedback to improve our services and articles. We will conduct this activity where we have a legitimate interest.

    2.4. In the context of a sale or commercial transaction

    We may share your personal data with a third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock (including in connection with bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors. We will conduct this activity when we have a legitimate interest.

    2.5. To manage and improve the functionality of our websites

    When you visit our websites, we place cookies, pixels and other digital tools with similar functionality ("cookies") on your browser or device to enable us to improve the design and operation of our websites and the responsiveness of our chatbots and to enable us to provide technical and functional management of our websites (including information security), for example by identifying low-latency portions of our websites. We will conduct this activity when we have a legitimate interest. Our use of cookies, pixel tags and other digital tools with similar functionality is described in more detail in our cookie notice.

    2.6. To protect our interests

    If necessary, we may use your personal data to manage security and fraud issues, for example, to detect and prevent cyber attacks or identity theft attempts. In addition, we may use your personal data to protect our rights and defend ourselves in legal proceedings and to meet legal and regulatory obligations, such as requests from public and governmental authorities. We conduct these activities to meet a legal obligation or because we have a legitimate interest.

    3. USE BY MINORS

    Please note that our website is not intended for children under the age of sixteen (16). We ask that you do not post comments or contributions from children under this age.

    4. WHO HAS ACCESS TO YOUR PERSONAL DATA?

    Your personal data is accessible to our employees to the extent that such access is necessary for them to perform their work for us. In addition, we disclose personal data to :

    Our affiliates for the purposes described in this Privacy Notice, including our parent company 100% SpeedLab

    Our third party service providers who facilitate the administration of our website, marketing initiatives (including contests, sweepstakes and similar promotions) and other business needs, for example, data hosting, data analysis, information security and technology and related infrastructure provision, customer service, auditing, payment service providers, marketing service providers, and other business purposes.

    Other persons with whom you choose to share your personal data, including, for example, third parties who are our partners or with whom we interact, including marketing and social media partners.

    Public authorities, judicial and police authorities, tax authorities and other authorities vested with powers of investigation or public authority in accordance with applicable law. ​​

    5. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

    We retain your personal data throughout your active interaction with us. Your interaction with us ceases to be considered active if, for a period of two (2) consecutive years, you have not purchased an item from us or visited one of our websites. After this two (2) year period, we will only retain specific personal data that is required to be retained (i) in light of the purposes for which it was obtained, (ii) if it is required to comply with a legal obligation or (iii) if necessary, to protect our rights and legal position.

    If you have opted to receive marketing communications, we will continue to use your email address for this purpose until you opt-out of receiving these communications.

    6. DO WE TRANSFER YOUR DATA OUTSIDE THE EEA?

     Yes, your personal data may be transferred outside of the European Economic Area ("EEA"), for example to countries where we have facilities or service providers, such as the United States, the headquarters of our parent company. Certain countries outside the EEA are recognized by the European Commission as providing an adequate level of data protection in accordance with EEA standards. For transfers from the EEA to countries not recognised by the European Commission, we have put in place adequate measures, such as the standard contractual clauses adopted by the European Commission to protect your personal data. In certain circumstances, courts, police forces, regulatory agencies or security authorities in countries outside the EEA may be entitled to access your personal data.

    7. YOUR RIGHTS

    You have the right to ask us to :

    - give you access to your personal data that we collect and process,
    - correct or delete your personal data, -
    limit the processing of your personal data, -
    provide an electronic copy of your personal data for transmission to another company,
    - or to object to the processing.

    To do so, you can send us an e-mail at eucontact@100percent.eu.

    If you wish to opt-out of receiving marketing communications, you can click on the opt-out link in the corresponding message.

    You also have the right to lodge a complaint with a data protection authority in your country or region or in the event of an alleged violation of applicable data protection law.

    8. YOUR CONTACT DETAILS

    100% France

    1 bis, allée du Crêt

    69890 La Tour de Salvagny

    If you have any inquiries regarding this privacy notice, please contact :

    eucontact@100percent.eu

     

    Last update : September 17 2021