Terms of Sale

Article 1 - Purpose and scope

These terms of sale (the "Terms") govern sales of products concluded on the site https://silverbacksportwear.com/ (the "Site") between:

• the company SILVERBACK, hereinafter "SilverBack" or "the Seller",
• and any natural person, not acting as a trader, making a purchase on the Site, hereinafter "the Customer".

They apply to the exclusion of all other conditions. Any order placed on the Site implies unreserved acceptance of these Terms, which the Customer acknowledges having read before confirming their order.

SilverBack reserves the right to amend these Terms at any time. The applicable Terms are those in force on the date of the order. The applicable version is dated at the top of this document.

Article 2 - Identity of the Seller

• Name: GAEL LE FLOCH
  
• Registered office: 13 Impasse Laurence Danily, 97150 Saint Martin
• Registration number: SIREN: 979048154
  
• Email: contact@silverbacksportwear.com
  
• Publication director: GAEL LE FLOCH
• Site host: Shopify International Limited, 2nd Floor, 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland

The full legal notices are accessible on the dedicated page of the Site.

Article 3 - Products

The products offered for sale are those appearing on the Site on the day the Customer consults it, subject to available stock.

Each product comes with a description setting out its essential characteristics (composition, sizes, care, colors). The photographs and visuals illustrating the products do not form part of the contract; they are provided for guidance only and a difference may exist between what is shown on screen and the actual product, in particular as regards colors.

The products are sold under the SilverBack brand. Saint Martin is the origin of the brand; this reference does not constitute an indication of the place of manufacture.

Should a product be unavailable after an order has been placed, the Customer is informed as soon as possible and may request cancellation of the order and a refund of the sums paid for the product concerned.

Article 4 - Prices

Prices are set and invoiced in euros (€), the reference currency of the Site. They are valid for as long as they are displayed on the Site.

Where the Customer consults the Site from a country whose currency differs from the euro, a converted price may be shown for guidance, based on an indicative exchange rate. Only the price in euros has contractual value and serves as the basis for invoicing and payment. The total amount in euros is shown to the Customer before confirmation of their order. Conversion or exchange fees may be applied by the Customer's bank or payment provider, independently of SilverBack.

The displayed price corresponds to the price of the product excluding delivery charges. Delivery charges are calculated and shown to the Customer before confirmation of the order, according to the destination and the shipping method selected.

For deliveries outside the territory of dispatch, customs duties, taxes or import charges may be payable. These sums are borne by the Customer and are the Customer's responsibility; SilverBack invites the Customer to enquire with the competent authorities in their country.

SilverBack reserves the right to change its prices at any time. Products are invoiced on the basis of the rates in force at the time the order is confirmed.

Article 5 - Orders

The Customer selects the products they wish to order, adds them to their cart, then follows the order process through to the payment page.

Before confirming, the Customer can check the details of their order and its total price, and correct any errors. Confirmation of the order constitutes acceptance of these Terms, of the price and of the characteristics of the products.

The sale is deemed concluded from the order confirmation sent by SilverBack to the Customer by email, to the address provided when ordering. That confirmation summarises the essential elements of the order.

SilverBack reserves the right to refuse or cancel any order that is abnormal in nature, that involves a previous dispute with the Customer, or where there is a legitimate reason, in particular where fraud is suspected.

Article 6 - Payment

Payment is made online at the time of the order, by the means offered on the Site:

• payment card, through the secure payment provider Payplug.
  

Payment data is transmitted in encrypted form and is not retained by SilverBack. The order is only processed once the banking payment centres have confirmed their approval.

If payment is refused, the order is automatically cancelled.

Article 7 - Delivery

Products are delivered to the address given by the Customer when ordering. It is for the Customer to check that it is accurate; SilverBack cannot be held liable for an error in entering the delivery address.

Delivery zones: Saint Martin, mainland France, Europe including the United Kingdom, Guadeloupe, Martinique, Saint Barthélemy, Canada.

Times: products are dispatched within 2 business days of order confirmation. The estimated delivery time is 3 to 10 business days depending on the destination and the carrier selected. These times are given for guidance only.

In the event of late delivery, the Customer may, under the conditions of article L216-6 of the French Consumer Code, require SilverBack to deliver within a reasonable additional period, then terminate the contract if delivery does not take place within that period. The sums paid are then refunded to the Customer.

Transfer of risk: the risks of loss of or damage to the products transfer to the Customer at the moment the Customer takes physical possession of the products.

On receipt, the Customer is invited to check the condition of the parcel and of the products. Any anomaly (damaged parcel, missing or damaged product) must be reported to SilverBack as soon as possible, with any useful supporting evidence (photographs in particular).

Article 8 - Right of withdrawal

In accordance with articles L221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise their right of withdrawal, without having to give a reason for their decision.

That period runs from the day on which the Customer, or a third party designated by the Customer, takes physical possession of the last product in the order.

To exercise this right, the Customer notifies their decision by an unambiguous statement, sent to contact@silverbacksportwear.com.

The right of withdrawal does not apply in the cases provided for in article L221-28 of the French Consumer Code, in particular for products made to the Customer's specifications or clearly personalised.

Article 9 - Returns and refunds

In the event of withdrawal, the Customer returns the products without undue delay and at the latest within fourteen (14) days of communicating their decision to withdraw.

Products must be returned in their original condition: unworn, unwashed, complete, with their tags attached and, where applicable, their hygiene packaging intact. The Customer may be held liable for any depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.

Return shipping costs are borne by the Customer.

SilverBack refunds all sums paid, including standard delivery charges, at the latest within fourteen (14) days from the date on which it is informed of the decision to withdraw. The refund is made by the same means of payment as that used for the order, unless the Customer expressly agrees to another means. SilverBack may defer the refund until the products have been recovered or until the Customer has provided proof of dispatch, the date taken being that of the first of these events.

The refund of delivery charges is limited to the cost of standard delivery, even if the Customer had chosen a more expensive delivery method.

Article 10 - Legal guarantees

Independently of any commercial guarantee, SilverBack remains bound by the following legal guarantees.

Legal guarantee of conformity (articles L217-3 and following of the French Consumer Code) The Customer has a period of two years from delivery of the product in which to bring a claim. The Customer may obtain repair or replacement of the non-conforming product or, failing that, a reduction in the price or termination of the sale, under the conditions provided for by law. The Customer is exempt from providing proof of the existence of the lack of conformity during the twenty-four months following delivery of the product. The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Guarantee against hidden defects (articles 1641 and following of the French Civil Code) The Customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In that case, the Customer may choose between termination of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code. Action arising from hidden defects must be brought within two years of discovery of the defect (article 1648, first paragraph, of the French Civil Code).

To invoke any of the legal guarantees, the Customer is invited to contact SilverBack at contact@silverbacksportwear.com.

Article 11 - Liability

SilverBack is bound by an obligation of best efforts in performing its services. It cannot be held liable for the inconveniences or damage inherent in the use of the internet, in particular a service interruption, an external intrusion or the presence of computer viruses.

SilverBack cannot be held liable in the event of improper use of the products or failure to comply with the care instructions appearing on the labels or leaflets.

These provisions neither limit nor exclude SilverBack's liability under the legal guarantees, nor in cases where such a limitation would be prohibited by law.

Article 12 - Force majeure

SilverBack cannot be held responsible for the non-performance of its obligations in the event of a force majeure event within the meaning of article 1218 of the French Civil Code, beyond its control and which could not reasonably be foreseen or avoided. Performance of the obligations is suspended for the duration of the event. If the impediment is permanent, the contract is terminated and the parties are released from their obligations.

Article 13 - Personal data

Personal data collected when ordering is processed in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. It is necessary for processing orders, for the customer relationship and, where applicable, for SilverBack's legal and accounting obligations.

The Customer has rights of access, rectification, erasure, restriction, objection and portability in respect of their data. The arrangements for exercising these rights and all the processing operations are set out in detail in the Privacy Policy accessible on the Site.

Article 14 - Intellectual property

All the elements of the Site (SilverBack brand, logo, texts, visuals, photographs, graphic elements, structure) are protected by intellectual property law and remain the exclusive property of SilverBack or its partners. Any reproduction, representation, modification or exploitation, in whole or in part, without prior written authorisation, is prohibited and liable to constitute infringement.

Article 15 - Complaints

Complaints: for any complaint, the Customer may contact SilverBack at contact@silverbacksportwear.com or at the postal address of the registered office. SilverBack endeavours to provide a response as soon as possible.

Article 16 - Applicable law and dispute resolution

These Terms are governed by French law.

In the event of a dispute, the Customer contacts SilverBack first in order to seek an amicable solution. Failing an amicable resolution, the dispute is brought before the competent courts in accordance with ordinary rules of law. The protective provisions of the French Consumer Code applicable to consumers remain reserved.