Refund Policy
Applicable from: 09/27/2024
ARTICLE 1. PARTIES
This refund policy applies between Stanfield, SASU, share capital: €1000, registered with the RCS of 75001 in France on 01/03/2024, under number 985143783, head office: 229 Rue Saint-Honoré, 75001 Paris, FR, phone: +33184603424, email: contact@massage-gun.com, VAT number: FR53985143783, hereinafter referred to as “the Publisher” and any private or public individual or entity registered on the Site to purchase a Product, hereinafter referred to as “the Client.”
ARTICLE 2. DEFINITIONS
“Client”: Any private or public individual or entity registered on the Site.
“Site Content”: Elements of any kind published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
“The Publisher”: Stanfield, SASU, acting in its capacity as the site’s publisher.
“Internet User”: Any private or public individual or entity accessing the Site.
“Product”: Goods of any kind sold on the Site by the Publisher to Clients.
“Site”: The website accessible at the URL massage-gun.com, including sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE
The Site is freely accessible to any Internet User. Browsing the Site implies acceptance of these general conditions by any Internet User. Mere connection to the Site, by any means, including via a robot or browser, constitutes full acceptance of these general terms. Upon registration on the Site, this acceptance is confirmed by ticking the corresponding box.
The Internet User acknowledges having fully read and accepted them without restriction.
Ticking the aforementioned box will be considered equivalent to a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher’s automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.
These general terms apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.
Acceptance of these general terms requires that the Internet Users possess the legal capacity necessary for this purpose, or failing that, have the authorization of a guardian or curator if they are incapable, from their legal representative if they are minors, or hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site’s purpose is to sell Products to Clients.
ARTICLE 5. ORDER PROCESS
5.1. Ordering
To place an order, Internet Users can select one or more Products and add them to their cart. Product availability is indicated on the Site in each product’s description. Once their order is complete, they can access their cart by clicking the designated button.
5.2. Order Validation by the Internet User
By reviewing their cart, Internet Users can check the number and nature of the Products they have selected and verify their unit price and total price. They can also remove one or more Products from their cart.
If their order suits them, Internet Users can validate it. They will then access a form where they can either enter their login details if they already have them or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Client
Once logged in or after completing the registration form, Clients will be invited to review or modify their delivery and billing details and then proceed to payment via a secure payment interface with the mention “order with payment obligation” or similar wording.
5.4. Order Confirmation by the Publisher
Once payment is successfully received, the Publisher commits to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same timeframe, the Publisher agrees to send the Client an email summarizing the order and confirming its processing, including all relevant information.
ARTICLE 6. PRICES AND PAYMENT
6.1. Prices
The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The prices displayed are only valid on the day of the order and do not affect the future.
The prices indicated on the Site are quoted in euros, inclusive of all taxes, excluding delivery charges.
6.2. Payment Methods
The Client can pay via Paypal, Stripe, or Google Pay.
In the case of credit card payments, the Publisher does not have access to any data related to the Client’s payment methods. Payment is made directly to the banking institution.
For payments by check or bank transfer, delivery times will only begin once the payment has been successfully processed by the Publisher.
6.3. Invoicing
The Publisher will send or make available an electronic invoice to the Client after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Default of Payment
The agreed payment dates cannot be delayed under any pretext, including in the event of a dispute.
Any amount not paid by the due date will automatically result in the application of late payment penalties calculated at a rate equal to 3 times the legal interest rate, without prejudice to the immediate payment of the principal sums due.
Additionally, any late payment will result in the invoicing of collection fees of €40 to the defaulting Client, the immediate payment of all remaining amounts, regardless of agreed terms, increased by a 20% penalty clause, and the potential unilateral termination of the contract at the Client’s fault. This clause is within the framework of Article 1152 of the French Civil Code, allowing the judge to reduce the penalty if deemed excessive.
6.5. Retention of Ownership
Products remain the property of the Publisher until full payment of their price, in accordance with this retention of ownership clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY
7.1. Customer Service
The Site’s customer service is available from Monday to Friday, 08:00 to 18:00, at the following non-premium rate number: 0184603424, by email at contact@massage-gun.com, or by postal mail to the address indicated in Article 1 of these general terms. In the last two cases, the Publisher commits to respond within 48 hours.
7.2. Right of Withdrawal – Distance Selling
This Article 7.2 applies to Clients who qualify as consumers under the preliminary article of the Consumer Code.
7.2.1. Conditions for Exercising the Right of Withdrawal
In accordance with the legislation in force concerning distance selling, the Client has fourteen clear days to exercise their right of withdrawal without having to justify reasons or incur penalties, except, where applicable, for return shipping costs.
The period mentioned above runs from either the day the distance contract is concluded for service provision contracts and/or digital content not supplied on a tangible medium, or from the receipt of the goods by the Client or a third party other than the carrier, designated by them for sales contracts of goods and service provision contracts including goods delivery.
For orders involving several goods delivered separately or goods composed of lots or multiple parts delivered in a defined period, the period starts from receiving the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the first good received.
If the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details specified in Article 1 of these general terms by an unambiguous declaration. The Client, for example, can use the standard form provided at the end of these general terms. In any case, the Publisher will send the Client an acknowledgment of receipt of the said withdrawal by email as soon as possible.
7.2.2. Effects of the Right of Withdrawal
The Client returns or hands over the goods to the professional or any person designated by them without undue delay and no later than fourteen days from the communication of their decision to withdraw.
When the right of withdrawal is exercised, the professional must reimburse the Client for all amounts paid, as soon as possible and no later than fourteen days from when the right was exercised. Where applicable, the professional may defer reimbursement until the goods are recovered or until the Client has provided proof of shipment, whichever is earlier. Beyond this, the sum due is automatically subject to interest at the current legal rate, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional reimburses using the same payment method as the Client used for the initial transaction, unless the Client expressly agrees to another payment method and provided the refund does not incur any costs for the Client. However, the professional is not required to reimburse additional costs if the Client expressly chose a more expensive delivery method than the standard one offered.
The direct costs of returning the Product are borne by the Client. These costs are estimated at a maximum of €1000 if, due to its nature, the Product cannot normally be returned by post.
The Client's responsibility is only engaged concerning the depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.
The conditions, time limits, and modalities for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms.
7.2.3. Exclusions of the Right of Withdrawal
The right of withdrawal does not apply to contracts, including but not limited to:
- for the supply of services fully performed before the end of the withdrawal period and whose execution has begun after the Client's prior express consent and waiver of their right of withdrawal;
- for the supply of goods made to the Client’s specifications or clearly personalized;
- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods that were unsealed by the Client after delivery and cannot be returned for health or hygiene reasons;
- for the supply of goods that, after being delivered and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
- for urgent maintenance or repair work carried out at the Client’s home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the urgency;
- for the supply of audio or video recordings or computer software unsealed by the Client after delivery;
- for the supply of a newspaper, periodical, or magazine, except for subscription contracts to such publications;
- concluded at a public auction;
- for accommodation services other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities to be provided on a specific date or period;
- for the supply of digital content not supplied on a tangible medium whose execution began after the Client's prior express consent and waiver of their right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts fully executed by both parties at the Client’s express request before the Client exercises their right of withdrawal.
7.3. Termination of the Contract at the Client’s Initiative
The consumer Client may terminate the contract by registered letter with acknowledgment of receipt if the delivery date exceeds seven days. The Client will then be refunded the amounts paid when ordering.
This clause does not apply if the delivery delay is due to a case of force majeure. In such a case, the Client agrees not to pursue the Publisher and waives the right to terminate the sale as provided in this article.
7.4. Warranties
7.4.1. Warranty for Apparent Defects and Faults
It is the Client’s responsibility to check the condition of the Products at the time of delivery. This verification must include the quality, quantities, and references of the Products and their compliance with the order. No claim will be considered after three days from delivery. In any event, any claim regarding delivered packages will only be considered if the Client, acting as a merchant, has lodged reservations with the carrier in accordance with Articles L. 133-3 and following of the French Commercial Code.
7.4.2. Warranty for Hidden Defects and Faults
7.4.2.1. Legal Warranties
Clients have a legal guarantee of proper delivery (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code), and a security guarantee (Articles 1245 et seq. of the Civil Code).
Clients who qualify as consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code).
7.4.2.2. Returns
To implement the warranty, the Client must return the product to the Publisher’s head office, accompanied by an explanatory letter requesting either repair, exchange, or refund.
In any case, the Client is asked to precisely follow the Publisher’s instructions regarding the return of Products.
The return costs remain the Client's responsibility, except for consumer Clients implementing the conformity guarantee under Articles L. 217-4 et seq. of the Consumer Code.
ARTICLE 8. FINAL PROVISIONS
8.1. Governing Law
These general terms are subject to French law.
8.2. Amendments to these General Terms
These general terms may be amended at any time by the Publisher. The general terms applicable to the Client are those in effect on the day of their order or connection to the Site, with any new connection to the personal area implying acceptance of the new general terms.
8.3. Disputes
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes with a consumer Client arising in the context of the execution of these general terms that cannot be resolved amicably between the parties must be submitted.
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to provide contact details of a competent Mediator in the event of a dispute, whether selling remotely or in a physical store (Source: FEVAD).
8.4. Entirety
The nullity of any provision of this contract shall not entail the nullity of the other provisions of the contract or of the contract in its entirety, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified provision with a valid provision corresponding to the spirit and purpose of these general terms.
8.5. Non-Waiver
The Publisher's failure to exercise any of the rights granted under these terms shall not be construed as a waiver of those rights.
8.6. Telephone Solicitation
The Client is informed that they can register on the opt-out list against telephone solicitation at http://www.bloctel.gouv.fr/.
8.7. Languages of these General Terms
These general terms are offered in French.
8.8. Unfair Terms
The provisions of these general terms apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.