General Terms of Sale
Applicable from 09/27/2024
ARTICLE 1. PARTIES
These general terms and conditions are applicable 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 terms and 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 and conditions. Upon registration on the Site, this acceptance is confirmed by ticking the corresponding box.
The Internet User acknowledges having fully read and accepted it 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 and conditions 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 and conditions requires that Internet Users possess the legal capacity necessary for this purpose, or failing that, have the authorization of a guardian or curator if they are incapacitated, from their legal representative if they are minors, or hold a mandate if acting 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. Order
To place an order, Internet Users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site in each product description. Once their order is complete, they can access their cart by clicking the button provided for this purpose.
5.2. Order Validation by the Internet User
Upon reviewing their cart, Internet Users can verify the number and type of Products they have selected and check their unit and total prices. They will have the option to remove one or more Products from their cart.
If the order suits them, Internet Users can proceed to validate it. They will then access a form where they can either log in with their existing credentials or register on the Site by filling out the registration form with their personal information.
5.3. Payment by the Client
Once logged in or after correctly completing the registration form, Clients will be invited to check or modify their delivery and billing information and then make their payment by being redirected to the secure payment interface, marked with the phrase “order with obligation to pay” or any similar wording.
5.4. Order Confirmation by the Publisher
Once payment is received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same period, the Publisher commits to sending the Client an email summarizing the order and confirming its processing, including all relevant information.
ARTICLE 6. PRICING - PAYMENT
6.1. Prices
Applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and do not apply to future purchases.
Prices shown on the Site are in euros, including all taxes, excluding shipping fees.
6.2. Payment Method
The Client may make their payment via Paypal, Stripe, or Google Pay.
For card payments, the Publisher does not have access to any data related to the Client's payment methods. Payment is made directly to the bank.
For payments by bank draft, check, or wire transfer, delivery times will only start from the date of payment receipt by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Client an electronic invoice after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Non-Payment
Agreed payment dates cannot be postponed for any reason, including in the event of a dispute.
Any sum not paid by the due date will automatically incur late payment penalties calculated at a rate equal to three times the legal interest rate, without affecting the enforceability of the principal amounts owed.
Furthermore, any late payment will result in the Client being charged a collection fee of €40, the immediate payment of all outstanding amounts regardless of agreed terms, increased by a penalty of 20% of the amount due as a penalty clause, and the possibility of unilaterally terminating the contract at the Client's fault. This clause is in line with Article 1152 of the French Civil Code, which allows a judge to reduce the penalty if deemed excessive.
6.5. Retention of Title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is available from Monday to Friday, from 08:00 to 18:00, at the following non-premium rate phone number: +33184603424, by email at contact@massage-gun.com, or by postal mail at the address listed in Article 1 of these general terms and conditions. In the latter two cases, the Publisher commits to responding within 48 hours.
ARTICLE 8. PERSONAL ACCOUNT
8.1. Creating a Personal Account
Creating a personal account is a prerequisite for any Internet User to place an order on the Site. For this purpose, the Internet User will be asked to provide certain personal information, some of which is mandatory for account creation. Refusal by an Internet User to provide the required information will prevent account creation and, consequently, order validation.
Upon account creation, the Internet User is asked to choose a password. This password guarantees the confidentiality of the information in the personal account. The Internet User must not transmit or share it with third parties. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet User’s personal account.
The Client agrees to regularly check and update their personal information through their online personal account.
8.2. Personal Account Content
The personal account allows the Client to view and track all orders placed on the Site.
Pages related to personal accounts can be freely printed by the account holder but do not constitute admissible proof in court. They are intended solely for the efficient management of orders by the Client.
The Publisher undertakes to securely store all contractual elements required by law or regulation.
8.3. Deleting a Personal Account
The Publisher reserves the right to delete the account of any Client who breaches these general terms and conditions, particularly if the Client provides false, incomplete, misleading, or fraudulent information, or if a Client's personal account has been inactive for at least one year. Such deletion shall not constitute a fault by the Publisher or cause damage to the excluded Client, who will not be entitled to any compensation.
This exclusion is without prejudice to the Publisher's ability to pursue legal action against the Client where warranted.
ARTICLE 9. PERSONAL DATA
As part of its services, the Publisher will process the personal data of its Clients.
9.1. Data Controller Identity
The data controller for data collected and processed on the Site is the Publisher.
9.2. Data Collected
9.2.1. Data Collected from Clients
In the context of its contractual relationships, the Publisher may collect and process information from its Clients, including: Email, First and Last Name, Phone, Address, State, Province, Postal Code, City.
9.2.2. Purpose of Data Collection
Data collected during the contractual relationship is automatically processed for the following purposes:
- Initiate legal proceedings;
- Verify Clients' identities.
9.2.3. Legal Basis of Processing
The data collected is legally based on a contractual relationship.
9.2.4. Data Recipients
Data collected is accessible only to the Publisher within the strict limits necessary to fulfill contractual obligations.
This data, whether individually or aggregated, is never freely visible to third parties.
9.2.5. Retention Period of Personal Data
Personal data collected is retained for the duration of the contractual relationship and for as long as the Publisher’s liability may be engaged.
Once the retention period has expired, the Publisher commits to permanently deleting the data of the affected individuals without keeping a copy.
9.2.6. Security and Confidentiality of Personal Data
Personal data is stored securely, using current technology, in compliance with the provisions of the General Data Protection Regulation (GDPR) and national legislation in force.
Access to the Publisher's premises is also secured.
9.2.7. Data Minimization
The Publisher may also collect and process any data voluntarily provided by its Clients.
The Publisher directs its Clients to provide only personal data strictly necessary to fulfill contractual obligations.
The Publisher commits to keeping and processing only data strictly necessary for its business activities and will delete any unnecessary data received as soon as possible.
9.4. Rights Compliance
Clients of the Publisher have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or completing the online contact form.
9.4.1. Right to Information, Access, and Data Communication
Clients of the Publisher can access their personal data.
Due to the obligation of security and confidentiality in processing personal data that rests on the Publisher, requests will only be processed if Clients provide proof of identity, including a scan of their valid ID (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid ID (in the case of a written request), both accompanied by the statement “I certify that this copy of my ID is a true copy of the original. Made in … on …,” followed by their signature.
9.4.2. Right to Rectification, Deletion, and Right to Be Forgotten
Clients of the Publisher may request the correction, update, blocking, or deletion of their personal data, which may be incorrect, erroneous, incomplete, or outdated.
Clients of the Publisher may also define general and specific guidelines regarding the handling of their personal data after their death. Heirs of a deceased individual may, where applicable, request that the Publisher consider their relative’s death and/or carry out necessary updates.
9.4.3. Right to Object to Data Processing
Clients of the Publisher may object to the processing of their personal data.
9.4.4. Right to Data Portability
Clients of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.
9.4.5. Right to Restrict Processing
Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be limited. In this way, their data may only be stored and no longer used by the Publisher.
9.4.6. Response Time
The Publisher undertakes to respond to any request for access, rectification, objection, or any additional information request within a reasonable time, not exceeding one month from the receipt of the request.
9.4.7. Complaint to the Competent Authority
If Clients of the Publisher believe that the Publisher does not comply with its obligations regarding their personal data, they may lodge a complaint or a request with the competent authority.
9.5. Transfer of Collected Data
9.5.1. Transfer to Partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These providers may be located outside the European Union.
The Publisher has ensured that its service providers implement appropriate safeguards and adhere to strict confidentiality, usage, and data protection conditions, for example, through the U.S. Privacy Shield.
The Publisher works with the following subcontractors:
| Partner | Role | Recipient Country | Processing Performed | Guarantees |
|---|---|---|---|---|
| Facebook Ads Manager | Subcontractor & Co-processor | USA (Privacy Shield) | Performing prospecting-related operations | https://www.facebook.com/policy.php |
| Facebook Analytics | Subcontractor & Co-processor | USA (Privacy Shield) | Creating commercial statistics for interaction reports | https://www.facebook.com/policy.php |
| Google Analytics | Subcontractor & Co-processor | USA (Privacy Shield) | Creating commercial statistics for interaction reports | https://policies.google.com/privacy |
| Google Adwords | Subcontractor & Co-processor | USA (Privacy Shield) | Performing prospecting-related operations | https://policies.google.com/privacy |
| Gmail | Subcontractor & Co-processor | USA (Privacy Shield) | Email sending service | https://policies.google.com/privacy |
| Google + | Subcontractor & Co-processor | USA (Privacy Shield) | Managing product, service, or content reviews | https://policies.google.com/privacy |
| Co-processor | USA (Privacy Shield) | Managing product, service, or content reviews | https://twitter.com/fr/privacy | |
| Co-processor | USA (Privacy Shield) | Managing product, service, or content reviews | https://www.facebook.com/policy.php | |
| Google Calendar | Subcontractor & Co-processor | USA (Privacy Shield) | Electronic calendar management service | https://policies.google.com/privacy |
| Google Forms | Subcontractor & Co-processor | USA (Privacy Shield) | Web questionnaire and form services | https://policies.google.com/privacy |
| Twitter Ads | Subcontractor and Co-Manager | USA (Privacy Shield) | Performing prospecting-related operations | https://twitter.com/fr/privacy |
| YouTube | Co-responsible | USA (Privacy Shield) | Video hosting | https://policies.google.com/privacy?hl=fr |
| Co-responsible | USA (Privacy Shield) | Managing product, service, or content reviews | https://help.instagram.com/519522125107875 |
9.5.2. Transfer Upon Requisition or Judicial Decision
Clients also consent to the Publisher communicating collected data to any individual upon requisition by a state authority or judicial decision.
9.5.3. Transfer in the Event of a Merger or Acquisition
If the Publisher is involved in a merger, asset sale, financing, liquidation, bankruptcy, or acquisition of all or part of its business by another company, Clients consent to the Publisher transferring the collected data to that company, which will carry out the personal data processing referred to in these General Service Terms instead of the Publisher.
ARTICLE 10. LIABILITY OF THE PUBLISHER
10.1. Nature of the Publisher’s Obligations
The Publisher is committed to providing the necessary care and diligence in delivering quality Products that meet the specifications of these General Terms and Conditions. The Publisher is only liable for a duty of care concerning the services covered by these terms.
10.2. Force Majeure - Client Fault
The Publisher will not be held liable in the event of force majeure or Client fault, as defined in this article:
10.2.1. Force Majeure
Under these general terms and conditions, force majeure refers to any hindrance, limitation, or disruption of the Service caused by fire, epidemic, explosion, earthquake, bandwidth fluctuations, service provider failure, transmission network failure, infrastructure collapse, unauthorized use or fraudulent access to passwords, codes, or references provided to the Client, hacking, a security breach by the Site host or developers, flooding, power outage, war, embargo, law, injunction, request, or government requirement, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be relieved of its obligations within the scope of such hindrance, limitation, or disruption.
10.2.2. Client Fault
Under these General Terms and Conditions, Client fault shall include any misuse of the Service, negligence, omission, or failure on their part or that of their agents, failure to follow the advice given by the Publisher on its Site, any unlawful use or disclosure of the Client’s password, codes, and references, as well as the provision of incorrect information or failure to update such information in their personal account. Client fault will also include implementing any technical process, such as bots or automated queries, contrary to the letter or spirit of these General Terms and Conditions of Sale.
10.3. Technical Issues - Hypertext Links
If access to the Site is impossible due to technical issues of any kind, the Client cannot claim damage and cannot claim any compensation. The prolonged unavailability, without limitation, of one or more online services cannot constitute damage for the Clients and cannot entitle them to damages from the Publisher.
Hypertext links on the Site may redirect to other websites. The Publisher cannot be held responsible if the content of these sites violates applicable laws. Similarly, the Publisher cannot be held responsible if visiting one of these sites causes harm to the Internet User.
Given current technology, the appearance of representations of Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphics accessories and the screen or display resolution. These variations and differences cannot be attributed to the Publisher, who cannot be held responsible.
10.4. Damages Payable by the Publisher
Subject to contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal, and certain harm suffered by the Client and related to the failure in question. The Publisher cannot be held liable for indirect damages, such as data loss, commercial harm, loss of orders, harm to brand image, business disruptions, and loss of profits or customers. Similarly, and within these limits, the amount of damages payable by the Publisher cannot exceed the price of the ordered Product.
10.5. Hypertext Links and Site Content
The Site Content is published for informational purposes, without any guarantee of accuracy. The Publisher cannot be held responsible for any omission, inaccuracy, or error contained in this information that would cause direct or indirect harm to the Internet User.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal Protection of Site Content
Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out unlawfully and without the Publisher’s consent or that of its successors, constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal action for infringement.
11.2. Contractual Protection of Site Content
The Internet User contractually agrees with the Publisher not to use, reproduce, or represent, in any way, the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan Site content for indexing.
ARTICLE 12. FINAL PROVISIONS
12.1. Applicable Law
These general terms and conditions are subject to French law.
12.2. Amendments to These General Terms and Conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions 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 account implying acceptance, if applicable, of the new general terms and conditions.
12.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any dispute with a consumer Client arising from the execution of these general terms and conditions 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 the contact details of a competent Mediator in case of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
12.4. Entirety
The invalidity of any clause in this contract shall not invalidate the other clauses of the contract or the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose of these terms.
12.5. Non-Waiver
The Publisher’s failure to exercise the rights granted by these terms cannot be interpreted as a waiver of those rights.
12.6. Telephone Solicitation
The Client is informed that they have the option to register on the telephone solicitation opposition list at the address: http://www.bloctel.gouv.fr/.
12.7. Language of These General Terms and Conditions
These general terms and conditions are offered in French.
12.8. Unfair Clauses
The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
ARTICLE 13. SMS MARKETING
12.1. Applicable Law
By accepting SMS marketing from Stanfield at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your mobile number is on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to stop receiving marketing texts and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link provided in any of our messages. You understand and agree that alternative unsubscribe methods, such as using other words or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all message and data charges imposed by your wireless provider. Message and data rates may apply.
For questions, text HELP to the number you received messages from. You can also contact us at contact@massage-gun.com for more information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified at that time. You agree that messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we are not 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 actions you may or may not take in reliance on the information or service.
Your privacy is important to us. You can view our privacy policy to learn how we collect and use your personal information.