Standard Terms and Conditions

www.hardloop.co.uk & www.hardloop.ch

These Terms and Conditions of Sale set out the conditions applicable to sales concluded between HARDLOOP, private limited company with registered capital of €186,384, with registered office at 17, avenue du Pré de Challes - 74 940 Annecy, France, listed on the Annecy Trades and Companies Register under number 802 166 199, with Intra-community VAT number FR01 802 166 199, telephone number +33 (0)1 84 67 14 24, email address hello@hardloop.com, operator of www.hardloop.co.uk and www.hardloop.ch (hereinafter "the Website") and any person making a purchase on www.hardloop.co.uk or www.hardloop.ch (hereinafter "the Website »).

1 – Definitions

In the context hereof, the terms below, in singular or plural form, are defined as follows:

• "Customer": any natural person aged 18 or over whose purpose of action is not related to business, industry, traditional crafts, professional activity or agriculture, who has the capacity to enter into a contract and has placed an order for one or more items on the Website on at least one occasion. The Customer holds a www.hardloop.co.uk User account;
• "Parties": HARDLOOP, the Customer or the User;
• "Website": the www.hardloop.co.uk website or the www.hardloop.ch and the services it provides;
• "User": any natural person or legal entity that has registered on the www.hardloop.co.uk website or www.hardloop.ch website for its own use.

2 - Price of items

All prices are indicated in Pounds Sterling inclusive of all taxes and excluding the cost of delivery as specified in Article 3 - Dispatch and delivery.

Items are charged according to the price displayed on the Website at the time orders are placed.

Items remain the property of HARDLOOP until payment has been received in full.

3 - Orders

3.1. Acceptance of the Terms and Conditions of Sale

To be able to place an order, Customers not already in possession of a User account are required to open an account and to expressly agree to all of these Terms and Conditions of Sale, which are communicated to the Customer prior to order.

Confirmation of an order by the Customer, following an order summary, constitutes express and unreserved acceptance of these Terms and Conditions of Sale.

HARDLOOP may be required to adapt or amend these Terms and Conditions of Sale at any time. The Terms and Conditions of Sale applicable to the sale contract are those in effect on the date the order was placed by the Customer.

3.2.Order process

When placing an order, the Customer declares that he/she has the legal capacity to agree to these Terms and Conditions of Sale and to enter into a sales contract with HARDLOOP.

When placing an order, the Customer affirms that the information that he/she has provided is accurate and complete, in particular home address and delivery details. The Customer shall also provide a valid telephone number and email address.

HARDLOOP reserves the right to cancel or refuse any order from a Customer with whom there is an issue regarding payment of a previous order.

To place an order, the Customer must provide HARDLOOP with personal details and information requested during the order process.

The sales contract is established when the Customer agrees to the Terms and Conditions of Sale communicated to him/her, following an order summary, without prejudice to retention of title clauses and the option to withdraw from and/or cancel the order.  Confirmation of the order constitutes express agreement by the Customer regarding the quantity, price and description of articles purchased.

Prior to payment, the Customer will be able to return to previous pages and to correct and change his/her order, as well as information already provided.

An email confirming receipt of the order and detailing all information provided, as well as a copy of the Terms and Conditions of Sale in durable format, shall be sent to the Customer after the order is confirmed.

The order process is as follows:

• selection of items and addition to the basket;
• confirmation of the basket contents;
• login to the www.hardloop.co.uk website, where the Customer is not already logged in;
• selection of the delivery method;
• acceptance of the Terms and Conditions of Sale communicated to the Customer prior to placing the order;
• selection of the payment method;
• confirmation of payment;
• receipt of an order confirmation email.

At each stage, the Customer is able to:

• view the order details and total price;
• correct any mistakes;
• confirm his/her order and accept the Terms and Conditions of Sale.

3.3. Retention of title

HARDLOOP retains ownership of all items until it has received payment in full for the total value of the order, in accordance with Articles 2367 et seq of the French Civil Code.

Failure to make payment in full shall enable a claim over the items sold, notwithstanding the transfer to the customer of risk of loss or damage to items as of delivery, as well as damages that they may bring about.

3.4.Availability of items

All orders require acceptance of prices and the description of items available for sale.

HARDLOOP undertakes to honour orders received on the Website subject to availability of stock.

In the event of unavailability of one or more items, HARDLOOP undertakes to notify the Customer at the earliest opportunity, before the order delivery date and, where the Customer opts to cancel the purchase, issue a refund within fourteen (14) days of cancellation. The Customer order shall then be cancelled automatically.

4 - Dispatch and Delivery

The place and date of delivery shall be determined by the Parties.

4.1.Delivery times and cost

The delivery time shall be agreed by the Parties when the order is placed, according to availability of products and, where applicable, availability of carriers, in the order in which orders are received.

For deliveries to the United Kingdom, the Customer may choose one of the following options:

• Delivery to a home or office address for £7.95 (free for orders over £150) with DPD and its partner firms within three to five days of dispatch, Monday to Saturday;

For deliveries to the Swiss, the Customer may choose one of the following option:

• Delivery to a home or office address for CHF 5.95 (free for orders over CHF 150) with Swiss Post within three to five days of dispatch, Monday to Friday;

4.2.Delays in delivery

Except in cases of force majeure, where deliveries are not completed within the stipulated period, the Customer may cancel his/her order, by registered letter with acknowledgement of receipt to the following address: 17, avenue du Pré de Challes - 74 940 Annecy, France or in writing in another durable format, if, having instructed HARDLOOP to complete delivery within a reasonable extended time frame using the same method, delivery has not been made within said time frame.

In such cases, all amounts paid by the Customer shall be refunded.

4.3.Faults recorded on delivery

The Customer must check the condition of items delivered.

All faults concerning items (damage, item from the purchase order missing, broken or faulty item) must be reported to HARDLOOP within three (3) days of receipt of the order under the procedure set out in Article 6, without prejudice to the Customer's rights under the statutory conformity and hidden defects guarantee (Article 11.1).

For all deliveries to local So Colissimo outlets, the Customer must inspect the content of the parcel as well as the condition of items at the collection point before signing the delivery slip (paper or electronic).

The Customer must not accept any opened or incomplete parcels, and/or any damaged items.

All items sold by HARDLOOP are covered by a statutory conformity guarantee as per Article L.217-4 et seq of the French Consumer Code and are guaranteed against hidden defects in the item sold under the conditions set out in Articles 1641 et seq of the French Civil Code as indicated in Article 11.1.

4.5.Delivery problems attributable to the Customer

Where incorrect details are provided, the Customer shall incur delays and any resultant financial consequences. In such cases, HARDLOOP reserves the right to charge an order processing fee of £5.90, in addition to the cost of delivery. HARDLOOP undertakes to communicate details of fees incurred at the Customer's request.

5 - Payment

Payment of orders on the Website shall be processed by HARDLOOP's payment solutions partner, Stripe, and PayPal.

If the Customer wishes to confirm his/her order at the payment stage, he/she will be automatically redirected to the secure webpage hosted by Stripe or PayPal, based on his/her selection.

For all online payments by credit or debit card, the Customer affirms that he/she has the right to use the card, whose information is provided at the time of order.

The Customer can pay for purchases in the following ways:

credit or debit card: Visa, MasterCard, Carte Bleue, PayPal.

Information relating to the Customer order, including credit or debit card details required to pay for the purchase, are processed automatically.

Automated data processing is used to ensure a secure transaction. Data related to the Customer order is shared with Stripe, the secure payment solution provider and HARDLOOP, the location of the Customer purchase. Non-transmission of Customer order data shall prevent completion and analysis of the transaction.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right of access, correction and objection to all his/her personal data, by submitting a request to HARDLOOP using the contact form.

HARDLOOP reserves the right to check personal information shared by the Customer and to take all necessary measures to verify that the person whose bank account is debited is indeed the person who placed the order, as a means of preventing fraudulent payments. Checks may involve a request for proof of identity and/or address and/or banking documentation (bank account identification document/RIB or cancelled cheque). Failure on the part of the Customer to respond to such a request within two (2) days of the request made by HARDLOOP shall result in automatic cancellation of the order in question, with no subsequent entitlement to make any claim.

HARDLOOP shall also be entitled to directly cancel any order where one or more factors point to fraudulent use of a credit or debit card.

6 - Right of withdrawal

6.1. Right of Withdrawal

The Customer has a statutory period of fourteen (14) calendar days to exercise their right of withdrawal, starting from the date of receipt of the items, without having to provide any justification and without incurring any penalties. If an order results in multiple deliveries, the withdrawal period starts from the receipt of the last item by the Customer.

The procedures for exercising this right of withdrawal are set out in Article 6.2.

Return costs are covered by HARDLOOP under the conditions specified in Article 6.2.

HARDLOOP extends the Customer’s right of withdrawal by an additional eighty-six (86) days, subject to compliance with the conditions set out in the paragraph below. The withdrawal period granted to the Customer is therefore one hundred (100) days in total.

6.2. Conditions of Withdrawal

The Customer may exercise their right of withdrawal by using the withdrawal form attached as an appendix to these General Terms and Conditions of Sale and sending it within the time period specified in Article 6.1, or by sending, within the same period and under the same conditions, any other unambiguous statement expressing their decision to withdraw, to the following address: 17, avenue du Pré de Challes – 74 940 Annecy. The Customer may also complete and submit their withdrawal request via the “My Hardloop” section of the Website.

If the Customer’s order contains several items and they wish to return more than one, they must clearly identify the items they wish to be refunded in the withdrawal form or select all the relevant items during the return request in the “My Hardloop” section.

Once the withdrawal request has been processed by HARDLOOP, a return label will be provided to the Customer, who may then return the package free of charge via a local So Colissimo partner store or a post office.

The returned item(s) must be new, unused, and in their original, undamaged packaging.

The Customer must return to HARDLOOP all the items delivered to them for which they are requesting a refund without undue delay and no later than fourteen (14) days from the receipt of the return label. The deadline will be deemed to have been met if the Customer sends back the item(s) before the fourteen (14) days have expired.

The returned item(s) will be refunded within fourteen (14) days of the Customer’s communication of their decision to withdraw, including delivery costs (except in cases where the Customer chose a more expensive delivery option than the standard option offered by HARDLOOP).

If the Customer returns the item(s) using a shipping method not approved by HARDLOOP and incurs return costs as a result, they shall not be entitled to any reimbursement from HARDLOOP.

Furthermore, the refund will be withheld until HARDLOOP has received the items or until the Customer has provided proof of dispatch of the goods to the following address: 17, avenue du Pré de Challes – 74 940 Annecy, whichever occurs first.

The refund will be made using the same payment method as that used by the Customer for the purchase of the products, unless both Parties expressly agree otherwise.

In any case, the refund will not generate any costs for the Customer.

6.3. Condition of Items

All returned items (products, original packaging, accessories, instructions, etc.) must be sent back in perfect condition.

Upon receipt of the package, HARDLOOP will assess the condition of the returned goods. No return will be accepted if the items have clearly been used or damaged by the Customer, and such use or damage renders the items unsuitable for resale.

By way of exception, returns of smartwatches are only accepted if the packaging has remained sealed and unopened. Any opened packaging or activation of the device renders the product non-returnable.

If the return is refused by HARDLOOP, the items will be sent back to the Customer at their expense, without the Customer being able to claim any compensation or refund, except for the later exercise of their warranty rights regarding the sold items.

6.4. Exclusion of the Right of Withdrawal

In accordance with Article L.221-28 of the French Consumer Code, for hygiene and health protection reasons, the right of withdrawal cannot be exercised for the following sealed products:
Personal protective equipment of Category 3, namely: belay and abseiling devices, harnesses, ascenders, ice screws, climbing nuts, cords, ropes, quickdraws, crevasse rescue kits, Via Ferrata kits, lanyards, carabiners, ice axes, pulleys, and slings.

7 - Transaction security

HARDLOOP makes every effort to ensure the confidentiality and security of data shared on the internet and the https://www.hardloop.co.uk Website.

For such purpose, the Website uses secure online payment solutions Stripe and PayPal.

8 - Customer Services

For all queries and information, please contact HARDLOOP Customer Services:

by telephone Monday to Friday, 9:00am to 7:00pm on +33 (0)1 84 67 14 24 (calls are charged at the national rate when using a landline). For all telephone queries relating to an order or return, the Customer must have his/her order or tracking number ready. This number can be found in the "My Hardloop" Customer account area, by email using the hello@hardloop.com contact form; by post to Customer Services, HARDLOOP, 17, avenue du Pré de Challes - 74 940 Annecy.

9 - Liability

HARDLOOP is liable as of right towards the Customer for performance of the contract agreed with the Customer.

However, HARDLOOP accepts no liability for non-performance or improper performance of the contract in the event of force majeure, any act attributable to the Customer or any unforeseen or insurmountable problem intrinsic to the use of the internet, including, but not limited to, service interruption, external interference/hacking or computer viruses.

The HARDLOOP website contains hyperlinks that may direct to other websites. HARDLOOP accepts no responsibility for the content of these websites, should they be in breach of applicable laws and regulations.

HARDLOOP accepts no responsibility for photographs and illustrations accompanying items on our website, which have no contractual value.

10 - Guarantee - Exclusion

10.1.Statutory guarantees

The Customer may invoke the statutory conformity guarantee set down in the French Consumer Code, in particular the following articles:

Article L. 217-4: "The seller shall provide a good in accordance with the contract and is responsible for non-conformity existing at the time of delivery. The seller is also responsible for non-conformity caused by the packaging, assembly instructions or installation where the seller was required to do so contractually or has been carried out under his/her responsibility".

Article L. 217-5: "The good conforms to the contract if:

1. It is fit for habitual use expected of a similar good and, where applicable:

- if it meets the description given by the seller and possesses the features presented to the buyer in the form of a sample or model;

- if it has the features that a buyer may legitimately expect in view of public declarations by the seller, manufacturer or its representative, such as in advertising or labelling; or

2. It features properties defined by mutual agreement of the parties or is fit for any special purpose sought by the buyer that is communicated to and approved by the seller".

Article L. 217-12: "Action resulting from the non-conformity is valid for two years from delivery of the good."

HARDLOOP is also responsible for faults affecting the item sold in accordance with Articles 1641 to 1649 of the French Civil Code.

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for its intended use, or which significantly limits such use, such that the buyer would not have bought it, or would have bought it for a lower price, had he or she known".

Article 1648(1) of the Civil Code: "Action resulting from hidden defects must be initiated by the buyer, within two years of discovery of the defect".

10.2. Exclusion

In the event of accidental material damage, the guarantee does not cover damage caused by improper use of the item.

Guarantees do not cover the replacement of consumables, breakdowns due to faults with accessories, or faults and the consequences thereof arising from work by a non-approved repairer.

HARDLOOP accepts no responsibility for improper and/or inappropriate use of items on the part of the Customer.

11 - Intellectual property

In accordance with Article 12 of the Website Terms and Conditions of Use, all illustrations, images, presentation formats, designs and typefaces on the Website are and shall remain the exclusive property of HARDLOOP or the holders of rights who have granted a usage right to HARDLOOP.

All reproduction, representation or use of the aforementioned rights by a Customer shall constitute an offence that may result in legal action.

12 - Convention with respect to evidence

It is expressly agreed that the Parties may communicate by email for the purposes of performance of these Terms and Conditions of Sale. The Parties agree that emails exchanged between them shall serve as proof of the nature of their communications and, where applicable, their commitments, including, but not limited to, the transmission and acceptance of orders.

Furthermore, absent evidence to the contrary, data recorded by HARDLOOP shall constitute evidence of communications between HARDLOOP and the Customer.

13 - Entire agreement - Severability

Should one or more clauses in these Terms and Conditions of Sale be ruled null and void, or cease to have binding force or legal effect, such nullity or absence of binding force or legal effect shall not result in the nullity or absence of binding force or legal effect of other clauses in these Terms and Conditions of Sale. All clauses in these Terms and Conditions of Sale are severable.

14 - Force majeure

Neither Party shall be held liable nor incur any obligation of reparation due to harm sustained by the other Party resulting from the non-performance or improper performance of some or all of its contractual obligations, if and only if such non-performance or improper performance results from, or is solely attributable to, an instance of force majeure as defined in Article 1218 of the French Civil Code and in the case law of the Plenary Court of the Court of Cassation.

The Party who wishes to invoke an instance of force majeure must notify the other Party by email as soon as it becomes aware of it and within five (5) days of its occurrence.

15 - Applicable law

These Terms and Conditions of Sale are subject to French law.

16 - Disputes

The Customer shall be notified of the opportunity, in the event of a dispute, to enter into a process of mediation or an alternative method of dispute resolution.

The Customer may refer a case to a judicial conciliator free of charge. A list of judicial conciliators is available at https://www.conciliateurs.fr/.

In the event of failure to reach an amicable resolution, the dispute shall be referred to the competent French courts.