Terms of sale

GENERAL TERMS AND CONDITIONS OF ONLINE SALES FOR CONSUMERS

These general terms and conditions of online sale (hereinafter, indifferently, "the General Terms and Conditions" or "the Contract") are offered by the company 100percent France, registered with the RCS of LYON under number 878 238 898 and whose registered office is located at 1 bis Allée du Crêt, ZAC du Parc d'Activité, 69890 La Tour-de-Salvagny (hereinafter the "Seller" "100%" or "we").

ARTICLE 1: SCOPE OF APPLICATION 

These Terms and Conditions are the terms and conditions governing each contract for the sale of products available on the site (eg. Products for motorcycling, cycling, running, baseball etc.) (hereinafter "the Products") offered by 100%, to consumers (hereinafter indifferently "the Customer" or "the Consumer", "You") via the website: https://100percent.eu (hereinafter the "Site"). 

These Terms and Conditions govern only the sale of Products on the Site to consumers.

By accepting these General Terms and Conditions, the Customer acknowledges that he/she is a Consumer, i.e. a natural person acting for purposes that do not fall within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity. 

These Terms and Conditions are accessible and printable at any time via a hypertext link available at the bottom of each page of the Site. 

ARTICLE 2: ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

To finalize the order and enter into this Contract, the Customer must have read these General Terms and Conditions and accepted them before concluding the sale, i.e. finalizing the order on the 100% Site. 

ARTICLE 3: ORDERING PROCEDURE ON THE 100% WEBSITE

Article 3.1 Site registration procedure

You can place an order either as a registered user or as a guest. Registration as a registered user or as a guest is free of charge. 

You need an e-mail address to place an order. In some cases, you may need to configure your browser to accept certain cookies and pop-ups necessary for the proper functionality and use of the Site, in particular for adding Products to the shopping cart. 

To place an order, you must be at least 18 years old.

Article 3.2 Ordering

100% makes available on the Site the essential characteristics and technical information of the Products, as well as information on the price of said Products. All prices are quoted in euros, and include value-added tax. 

The Customer acknowledges having read the relevant information before placing the order.

Orders and deliveries are only accepted within the European Union. When you submit an order on the Site, we will send you an e-mail acknowledging receipt of your order ("Order Confirmation"). We will also send you an e-mail confirming that the Products have been dispatched ("Dispatch Confirmation").

Products on the Site are generally in stock and ready for shipment. All out-of-stock sizes or colors are marked as unavailable. However, we may encounter stock problems, particularly when customers order Products at the same time. 

If we are unable to ship an item already ordered due to product unavailability, we will inform you as soon as possible. In this case, we will cancel or reject that part of the order and the corresponding amount will be refunded or you will not be charged. 

If you have placed an order in error, or if you wish to cancel an order before it is shipped, please contact 100% customer service immediately by sending an e-mail to: info@100percent.eu . 100% will do its best to find a solution.

Please note that we cannot make or accept any changes to your order (address, size, color) once you have placed your order. If you are not happy with the order you have placed, you can use your right of withdrawal (see article 6 below).

 Your order may be rejected for any legitimate reason, in particular in the following situations:

• Your billing information is not correct or cannot be verified;

• Your order is flagged by our security systems as identifying fraud, a potential offence or a security problem;

• You are under 18 years of age or under the age permitted by applicable law to enter into a contract with 100% ;

• You are not a private individual;

• You work as a professional ;

• In case of force majeure ; 

• Due to circumstances or events beyond our control.

The Contract is only concluded once 100% has expressly accepted the order by e-mail to the Customer and once payment for the order has been received in full.  

ARTICLE 4: PRICES, PAYMENT AND PROMOTIONAL OFFERS

Article 4.1 Prices

PRICE

All prices are indicated in Euros (€), all taxes included. The prices shown include the VAT applicable on the day of the order. 

Delivery costs are not included in the indicated prices of the Products and are payable in addition to the price of the Products ordered. Delivery costs are also indicated in Euros (€) before the order is placed. The total price displayed on the final payment screen includes taxes and shipping costs. This price will be included in the Order Confirmation. 

PRICE CHANGES

The prices of the Products will be those displayed on the Site at the time of validation of the Order by the Customer. 

Prices displayed on the site may change, but these changes will not affect any order confirmed by 100% in the order confirmation.

Article 4.2 Means of payment

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

Article 4.3 Promotional offers

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

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

If all or part of an order is returned, the promotional code cannot be refunded or replaced.

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

Please note:

• Only one promotional code may be used for the same order, unless otherwise indicated. 

• It is not possible to combine discount codes with existing offers.

• In the event of a return, the value of the promotional code will be divided proportionally between the items ordered.

The order will be confirmed and can be delivered when the Customer has made the payment and it has been accepted.  

In cases where payment is refused, 100% may contact you to propose an alternative method of payment.

ARTICLE 5: DELIVERY AND RETENTION OF TITLE

Article 5.1 Delivery

The delivery address is the one indicated by the Consumer in his/her order. Delivery includes only the Products specified on the order. 

Excluding regions with difficult access, delivery time is generally between 2 and 5 working days after dispatch of the order. In any event, delivery times are indicated when the order is placed. Product delivery times run from the date of order confirmation by 100%. 

In the event of a delay in delivery due to a transport or order preparation problem, 100% undertakes to inform the Customer as soon as 100% is aware of the problem, indicating to the Customer the planned delivery date.

Article 5.2 Reservation of ownership

You are responsible for the Products after delivery. The Products remain the property of 100% until full payment has been received.

The risk of loss, damage and destruction of the Products is transferred to the Customer when the Customer (or a person expressly designated by the Customer who is not the carrier) takes physical possession of the Products at the place of delivery determined by the Customer.

Article 5.3 Receipt of order

All orders are accompanied by instructions for the use of the Product ordered. 

As soon as the Customer has received the Products, he/she must check that they have not been damaged in transit and that the order is complete. Where applicable, without prejudice to your rights relating to the non-conformity of the Products, the Customer must notify 100% of any shortage or damage to the Products delivered relating to transport which may have been noted by the Customer as soon as possible, and at the latest within 48 hours of receipt. 

In the event of damage or defects to the order noted during delivery with the carrier, the Customer is requested, if he/she has the opportunity, to make reservations with the carrier to facilitate any claims from 100% to the carrier.

ARTICLE 6: RIGHT OF WITHDRAWAL AND RETURN OF ORDERS

Article 6.1 Right of withdrawal

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, your online order may be returned within 14 days of receipt without giving any reason or informing us. 

The period begins only when you, or a third party designated by you other than the carrier, have taken physical possession of the Products ordered. 

To exercise your right of withdrawal, you simply need to communicate your decision to cancel the contract before the expiry of this period on the web site in the returns and refund platform. You can also use the form attached in Appendix 1 of these General Terms and Conditions. 

To retract, you can use our website return platform or inform us of your intention to return the Product(s) by email to:  info@100percent.eu and following the instructions for returning Products below and indicating your order number in the email. 

The customer must physically return the Product(s) without delay from the date of his/her decision to withdraw and, in any event, no later than 14 days after exercising his/her right of withdrawal within the legal period allowed. 

In case of withdrawal, the cost of returning the product is the responsibility of the customer. For your protection, we strongly recommend that you use a traceable shipping method. We cannot be held responsible for lost or damaged packages.

If you do not withdraw from the contract within this period, the sale will be considered firm and final.

In the event of a request for withdrawal, we will refund all payments received from you (including standard delivery charges) without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to return the Products. The refund will be made as soon as we have received the returned Products. 

The following products cannot be returned: underwear for reasons of hygiene in accordance with article L. 221-28 of the French Consumer Code, and gift cards.

100% does not allow you to exchange your Product. In the event of dissatisfaction, and as part of the exercise of your right of withdrawal, you must return the product, which will be reimbursed.

You have 14 days from the delivery date to return items, provided they are new and unused (see above for any product-specific exceptions).
100% provides a prepaid return label along with the required customs documents. This label must be used to return your package.
Returns sent by any other method will be refused at our warehouse.
Please note: a return handling fee of €15 per package will be deducted from your refund."

Article 6.2 How to return a product

Returned Products must be in the condition in which you received them: 

• Products returned must be complete, unworn, unused and unwashed; 

• Returned Products must include all labels and instructions relating to the Product. These labels and instructions must be intact; 

• no use of the products other than that reasonably necessary to establish whether you wish to keep them is authorized. 

If you fail to comply with the foregoing 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, as this will speed up your refund process.

Article 6.2(a) Free Return Coverage

When you opt-in for coverage at checkout, your return shipping label is included, allowing you to return any item(s) in your order for a refund or exchange for FREE.

If you decide not to buy return coverage you can still return your items, but you will be responsible for the cost of the return shipping label.

All returns are subject to the guidelines outlined in our Return Policy.

Article 6.3 Refunds

Once the returned products have been checked and inspected, you will receive an e-mail notification of your refund.

Refunds generally appear on your statement 10 to 14 business days from the day we receive the Product(s). Refund times may vary depending on the policies of your card issuer.

ARTICLE 7: LEGAL WARRANTY OF CONFORMITY AND LEGAL WARRANTY AGAINST HIDDEN DEFECTS

We remain liable for any lack of conformity of the Products under the conditions set out in Articles L217-3 et seq. of the French Consumer Code, as well as for any hidden defects in these Products under the conditions set out in Articles 1641 et seq. of the French Consumer Code and the French Civil Code.

Article 7.1: Legal warranty of conformity

The legal warranty of conformity applies only to consumers who have contracted with 100% on the website.

The Customer has a period of two years from the date of delivery of the Product to obtain the implementation of the legal warranty of conformity in the event of the appearance of a defect of conformity. 

During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal warranty of conformity gives the Consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the Product is repaired under the legal warranty of conformity, the Consumer benefits from a six-month extension of the initial warranty.

If the Consumer asks for the good to be repaired, but the Seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The Consumer may obtain a reduction in the purchase price by keeping the Product or terminate the contract by obtaining a full refund against return of the Product, if :

   1° The trader refuses to repair or replace the good;

   2° The Product is repaired or replaced within thirty days;

   3° The repair or replacement of the Product causes a major inconvenience to the Consumer, in particular when the Consumer definitively bears the costs of taking back or removing the non-conforming Product, or if he bears the costs of installing the repaired or replacement good;

4° The non-conformity of the Product persists despite the Seller's unsuccessful attempt to bring it into conformity.

The Consumer is also entitled to a reduction in the price of the Product or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the Consumer is not obliged to request repair or replacement of the Product beforehand. 

The Consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the Product is immobilized for repair or replacement suspends the remaining warranty period until delivery of the reconditioned Product.
 The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Under no circumstances may Products be used if apparent defects in conformity have been detected. 

The legal warranty of conformity is without prejudice to any commercial warranty that may be granted. 

This warranty does not apply to damage resulting from normal wear and tear, accident, abuse, improper use or maintenance, negligence on the part of the customer, impact or repairs or modifications outside our facilities.

In particular, the warranty program does not cover scratched lenses caused by use. These will not be replaced under the 100% warranty policy. Replacement lenses for 100% eyeglasses and sunglasses can be purchased from authorized 100% retailers nationwide or directly from 100percent.eu. 

For helmets damaged in a fall, the damage sustained by the helmet after impact is not the sign of a defect in the helmet's design or construction. It's the result of the helmet doing exactly what it's designed to do: manage impact energy. 

We understand that accidents do happen. If you have been in an accident and your helmet has suffered an impact, please contact 100% directly (e-mail to customerservice@100percent.eu) for more information on our accident helmet replacement policy

Article 7.2 Warranty against hidden defects

You may also choose to act under the legal warranty for hidden defects in accordance with articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. 

In this case, you will be able to choose between cancellation of the sale with a full refund of the sale price against return of the Product, or a reduction in the sale price if the Product is retained, as provided for in article 1644 of the French Civil Code.

Article 7.3 Implementation of warranties

Any claim to implement the legal guarantee of conformity or the legal guarantee of hidden defects can be addressed through customer service by email to the email address customerservice@100percent.eu or to the postal address 1 bis, Allée du Crêt, 69890 La Tour de Salvagny, France, providing images indicating the defect, as well as the order number of our online store.

Once 100% has been informed of the Customer's wish to exercise one of the aforementioned legal warranties, Customer Service will acknowledge receipt of the Customer's request and will contact the Customer by email in order to specify the next steps in the procedure. 

Upon receipt of instructions from customer service, the Customer shall return the non-conforming Products or Products affected by a hidden defect to 100%, at 100%'s expense, to the address indicated by customer service.

Any Product returned must be complete, unused (except in the case of a hidden defect) and, as far as possible, accompanied by its original packaging.

On receipt of the Product presumed to be non-compliant or affected by a hidden defect, 100% may carry out checks to establish the non-compliance or defects of the Product and will inform the Customer of the outcome of the procedure.

In the event that one of the aforementioned guarantees is effectively implemented, 100% will proceed to reimburse the Customer.

ARTICLE 8: MISCELLANEOUS

COMMUNICATIONS OR COMPLAINTS

Any communications or notifications provided for under these General Terms and Conditions must be made by the Customer in writing to the following e-mail address: info@100percent.eu. 

CONTACT

100Percent France

1 bis, Allée du Crêt

69890 La Tour de Salvagny.

ARTICLE 9: COLD CALLING

Pursuant to Article L.223-2 of the French Consumer Code, 100% reminds the Customer that he/she may register on the BLOCTEL telephone opposition list free of charge via the following link: https://www.bloctel.gouv.fr/.

ARTICLE 10: PERSONAL DATA

100% uses personal data concerning its customers on its Site to manage requests for information and orders. 

To exercise these rights, or if you have any questions about the processing of your data, please consult the 100% Privacy Policy, which can be accessed via the Privacy Policy tab. 

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos, product names and titles used on the Site are trademarks or trade names of 100% 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 could constitute a violation of the rights of their owner.

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

If you wish to use any material or information from this Site, you must obtain our prior written approval.

ARTICLE 12: FORCE MAJEURE  

Neither of the Parties may be held liable in the event of a breach of its obligations under these General Terms and Conditions, if the breach results from a case of force majeure as defined in article 1218 of the French Civil Code or as retained by the jurisprudence of the French courts and/or from external circumstances beyond the control of the Parties.

The Parties acknowledge that cases of force majeure, as defined above, include, but are not limited to: acts of war, even if undeclared, embargoes, riots, insurrections, fires, sabotage, natural disasters, epidemics - including, but not limited to, pandemics such as the Covid-19 coronavirus, acts or provisions of government authorities, inability to procure raw materials, equipment, fuel, energy, components, labor or transportation, etc. The Parties also acknowledge that, in the event of force majeure, the Parties shall not be liable for any loss or damage arising out of or in connection with the performance of the contract.

The Parties acknowledge that the payment obligation is not an obligation that can be suspended due to force majeure. 

The Party affected by the force majeure event shall as soon as reasonably possible after the commencement of the force majeure event, and no later than three (3) days after its commencement, notify the other Party in writing of the force majeure event, the date on which it commenced, its probable or potential duration, and the effect of the force majeure event on its ability to perform any of its obligations under this Agreement. If the affected Party's failure or delay in performing its obligations continues for two months, the other Party shall be entitled to terminate this Agreement.

ARTICLE 13: MODIFICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale apply to all orders placed online on the Site.

If 100% decides to modify these Terms and Conditions, the new version will be published on the Site. You are advised to check any changes regularly. Existing contracts will not be affected by these modifications. The General Terms and Conditions applicable to the Customer/Seller relationship are those accepted by the Customer at the time of ordering.

ARTICLE 14: APPLICABLE LAW AND JURISDICTION

Without prejudice to the mandatory legal rules of your place of residence, these General Terms and Conditions are governed by French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. 

In the event of a dispute relating to the interpretation or execution of these General Terms and Conditions, the Customer is invited to contact 100%'s customer service department as a matter of priority in order to find an amicable solution: info@100percent.eu 

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Customer may, before taking any legal action, have recourse free of charge to the mediation service for disputes relating to consumer rights. The competent mediator is CNPMédiation, which the Customer may contact as follows: 

• Postal address : 23 Rue de Terrenoire, 42100 Saint-Étienne, France

• Website: https://cnpm-mediation-consommation.eu/ 

The customer may also use the European online dispute resolution platform (ODR) accessible at the following address: https://ec.europa.eu/consumers/odr 

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, stating the details of the dispute.

If the amicable procedure fails, the dispute will be referred to the competent courts. 

APPENDIX 1 - Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract). For the attention of [insert name, address and e-mail address] : I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*): Ordered on (*)/received on (*) : Order number :  List of items ordered :  Name of consumer(s) : Address of consumer(s) : Signature of consumer(s) (only in the case of notification of this form on paper) : Date : (*) Delete as appropriate.

 

APPENDIX 2 - Extracts from the French Consumer Code

Article L.217-3 of the French Consumer Code

The seller delivers a property that conforms to the contract and to the criteria set out in article L. 217-5.

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements :

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.

Article L.217-4 of the French Consumer Code

The good conforms to the contract if it meets the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristics provided for in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5 of the French Consumer Code

I. In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he has been specifically informed deviates from the criteria of conformity set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

Article L.217-32 of the French Consumer Code

The provisions of this chapter also apply to contracts concluded between a professional seller and a non-professional buyer.

APPENDIX 3 - Extracts from the French Civil Code

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code 

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.