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General Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company ZONEACHAT INC., under number 1180568983 and whose registered office is at 154 Rue Beaulieu, Victoriaville Quebec G6P 9H1, Canada. (hereinafter "La Zone Fitness").
Hereinafter referred to as:
"Website": the website "https://lazonefitness.com" and all its pages, exclusive property of the Company.
"Products" or "Services": all the products (materials) and services (benefits) that can be purchased or subscribed to on the Website.
"Seller": La Zone Fitness, legal or natural person, offering its Products or Services on the Website.
"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes that are not within the scope of his commercial, industrial, artisanal or liberal activity".
The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them and/or
save them on a durable medium, before placing an order on the Website.
The Client acknowledges having read the GTC and accepts them in full.
Article 2 – Application of the GTC and purpose of the Website
The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Website.
The GTC applicable to the Client are those in force on the day of their order on the Website.
Legal information concerning the host and publisher of the Website, the collection and processing of personal data and the terms of use of the Website are provided in the general terms of use, the legal notices and the data charter of this Website.
This Website offers online sales of Fitness products.
The Website is freely accessible to all Clients. The acquisition of a Product or a Service implies the Client's acceptance of all these GTC, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general conditions of the Website". Ticking this box will be deemed to have the same value as a handwritten signature by the Client.
The acceptance of these GTC implies that the Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, trustee or their legal representative.
The Client acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to dispute them in the event of a dispute.
Any order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and priorly agreed otherwise by the Company.
Article 3 – Customer service
The customer service of this Website is accessible by email at the following address: "contact@lazonefitness.com" by form or by post at the address indicated in the legal notices. The Client must indicate in the e-mail their first name, last name, the subject of their request and their Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@lazonefitness.com.
Article 4 – Terms of placing orders and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photos on the Website are non-contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
Hereinafter, "Cart" refers to the intangible object grouping all the Products or Services selected by the Client of the Website for a purchase by clicking on these items. To proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.
The order validation date corresponds to the date of receipt of the full payment of the total price including taxes duly recorded.
Article 5 – Price and payment terms
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
La Zone Fitness reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Website and can make payment by Credit Card, Bancontact, Apple Pay or Paypal. Credit card payments are made through secure transactions provided by an online payment platform provider.
This Website has no access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC will only begin to run from the actual date of receipt of payment by the Seller, who may provide proof thereof by any means. The availability of Products is indicated on the Website, in the descriptive sheet of each Product.
La Zone Fitness will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Website has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays from postal services or other special cases preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in overseas departments and territories, the Client declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.
Unless otherwise displayed on the Website during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
In the case of hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the case of mailbox delivery, the client undertakes to immediately check the package and to contact La Zone Fitness customer support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Client's request to exercise the right of refusal.
If the Client's package is returned to the Seller by post or other postal service providers, the Seller will contact the Client upon receipt of the returned package to ask them what to do with their order. If the Client has mistakenly refused the package, they can request it to be resent by first paying the postal charges for the new shipment. Postal charges must be paid even for orders where shipping costs were offered free of charge during the initial order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.
Any delay in delivery compared to the date or period indicated to the Consumer Client at the time of their order or, in the absence of a date or period indication at the time of order, exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if, after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was denounced, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Special case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered", customer service may ask for additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee Client satisfaction by offering, in particular, immediate reshipment of the products at its own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Client has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from receipt by La Zone Fitness of the refund request.
The Product must be returned in perfect condition, unopened and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Website, to be sent to La Zone Fitness. It is understood that the Client will bear the costs of returning the Product in the event of withdrawal.
It is recommended that the Client make the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to initiate an investigation with the postal services to ask them to locate it.
The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur costs for the Client.
The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.
In accordance with article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the website:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
ZONEACHAT INC. - 154 Rue Beaulieu, Victoriaville Quebec G6P 9H1, Canada
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods below:
Order number:
Last Name / First Name:
Phone number:
Email address:
Postal address:
Reason for claim:
Signature of Client(s) (only if this form is sent in paper format):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of this guarantee being invoked, the buyer has the choice between cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the French Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the French Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.
However, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (including return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The Seller La Zone Fitness cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, damages or expenses that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, La Zone Fitness cannot under any circumstances be held responsible for:
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, force majeure events or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of obligations completely impossible.
The occurrence of a force majeure event will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.
The effective date of termination will be the date of the first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Client who commits counterfeiting may have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal action against them, at the initiative of the Seller or their agent.
The trademarks and logos contained on the Site may be registered by La Zone Fitness, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates and redisseminates them incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The collected data is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the ordered Products, as well as by the hosting provider Shopify Inc. whose servers are secured and protected by a firewall.
The collected data is retained by the Company only for the time corresponding to the purposes of the collection mentioned above, and which shall in no case exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete, or object for legitimate reasons, to their data.
The Client can exercise their rights by e-mail to contact@lazonefitness.com.
Article 13 – Comments and other user submissions
If the Client sends ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media any comment that the Client sends to it.
The Company is not and shall not be obliged (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.
The Company may monitor, modify or delete content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to write comments containing illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with regard to comments published by the Client or a third party.
Article 14 – Severability of clauses
If a provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.
Article 15 – Applicable Law and Mediation
The General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or falsified credit card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and does not relieve the Client from the performance of their contractual obligations.
Indemnity
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of your use of the website or our products and services, your breach of the terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and allows Clients to submit a mediation request online accompanied by supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client does not prove that they have previously attempted to resolve their dispute directly with the Company by written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is currently being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within its scope of competence.
Mediation is free for the Client. If the Client, at any stage of the mediation, uses a lawyer, a third party of their choice, or an expert to defend them, they alone will bear the costs.
The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Customer from fulfilling their contractual obligations.
Parts Warranty:
The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes breakdowns caused by external factors. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – July 1, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing from La Zone Fitness at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you with in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://lazonefitness.com/pages/contact or email us at contact@lazonefitness.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be obligated to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can review our privacy policy: https://lazonefitness.com/pages/politique-de-confidentitialite to determine how we collect and use your personal information.
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