1. PURPOSE

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by the company LES INTREPIDES under the trade name CHAMP LIBRE (hereinafter, the “Seller” or “CHAMP LIBRE”) on the website www.champlibre.store (hereinafter, the “Site”).

The Site is an e-commerce platform, which allows Internet users (hereinafter, the “Buyers”) to acquire the products offered for sale on the Site (hereinafter, the “Products”).

The purpose of these general terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. The applicable version of the general terms and conditions is the one available online on the Site on the date of the Buyer's order. These general terms and conditions of sale prevail over any other general or specific conditions not expressly agreed to by CHAMP LIBRE. They may be supplemented, where applicable, by specific conditions of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of a contradiction, prevail over the latter.

The fact that CHAMP LIBRE does not assert any of the general conditions of sale at any given time cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date.

The invalidity of a contractual clause does not entail the invalidity of the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by CHAMP LIBRE cannot constitute a waiver on its part of the other clauses of the general terms and conditions of sale, which continue to produce their effects.

The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except for interruption, scheduled or not, by CHAMP LIBRE or its service providers, for the needs of its maintenance and/or security or in cases of force majeure or updating of the Site. CHAMP LIBRE cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.

CHAMP LIBRE does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. CHAMP LIBRE cannot be held responsible for data transmission, connection, or network unavailability problems.

2. IDENTITY OF THE SELLER AND CONTACT

The Site is operated by SAS LES INTREPIDES, under the trading name CHAMP LIBRE, a company with capital of €5,000 whose registered office is located at 45, rue de la Clef – 59800 – Lille, registered with the RCS of Lille Métropole under SIREN No. 838 317 501 and VAT No. FR50838317501, hereinafter "CHAMP LIBRE", and the Customers of the site www.champlibre.store.

CHAMP LIBRE can be contacted at the following contact details, in particular for any complaints:

Postal address: 45 rue de la Clef, 59800, Lille
Telephone: 03 20 12 94 26
Email address: bonjour@champlibre.store

3. LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS

3.1. Legal capacity

The Site is accessible:
- To any natural person with full legal capacity to enter into a contract under these general terms and conditions. A natural person who does not have full legal capacity may only access the Site with the consent of their legal representative.

- To any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.

3.2. Acceptance of the General Conditions

The Buyer's acceptance of these general terms and conditions is evidenced by a checkbox in the order form. This acceptance can only be full and complete. Any qualified acceptance is considered null and void. A Buyer who does not agree to be bound by these general terms and conditions must not place an order on the Site.

3.3. Registration on the Site

Placing an order on the Site requires the Buyer to register on the Site by completing the form provided for this purpose. In all cases, the Buyer must provide all information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the name of the Buyer (hereinafter, the “Account”), giving them access to a personal space (hereinafter, the “Customer Account”) which allows them to manage their purchases in a form and using the technical means that CHAMP LIBRE deems most appropriate.

The Buyer guarantees that all information he provides in the registration form is accurate, up-to-date and truthful and is not tainted by any misleading nature.

He undertakes to update this information in his Customer Account in the event of changes (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the Buyer is binding upon validation.

The Buyer can access their Customer Account at any time after identifying themselves using their email address and a code sent by text message.

The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.

He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to have been made by the Buyer. The Buyer must immediately contact CHAMP LIBRE using the contact details mentioned in Article 2 of these General Terms and Conditions if he notices that his Account has been used without his knowledge. He acknowledges that CHAMP LIBRE has the right to take all appropriate measures in such cases.

4. PRODUCT CHARACTERISTICS

Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can find out, on the Site, the characteristics of each Product that he wishes to order.

The Products are offered for sale online within the limits of available stocks and according to their arrival, or subject to the possibility of ordering them where applicable.

The information concerning the Products, provided on each sales page, is that communicated to CHAMP LIBRE by the suppliers of these Products. CHAMP LIBRE will ensure that the photographs and descriptions of the products on the Website are as faithful as possible to the products themselves. The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the Product(s) does not engage the responsibility of CHAMP LIBRE and does not affect the validity of the sale.

5. ORDER

5.1. Placing an order

To place an order, the Buyer must select the Product of their choice and place it in their shopping cart. They can access the summary of their shopping cart at any time as long as the order has not been definitively validated and can correct any errors in the elements entered. The order is deemed to have been received by CHAMP LIBRE when it is definitively validated by the Buyer.

5.2. Order confirmation

After placing an order, the Buyer will receive an email confirming the order, summarizing the details of the order and the expected delivery time. The Buyer must ensure that the contact details provided when placing the order are correct and that they allow them to receive the order confirmation email. If they do not receive it, the Buyer must contact CHAMP LIBRE using the contact details mentioned in Article 2. CHAMP LIBRE recommends that the Buyer retain the information contained in the order confirmation.

6. PRICE AND PAYMENT TERMS

6.1 Price

The sale prices of the Products are displayed on the Site, they are indicated in euros, all taxes included (French VAT and other applicable taxes).

CHAMP LIBRE reserves the right, at its sole discretion and according to terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which will be invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the Buyer confirms the order.

The applicable price is that displayed on the Site at the time the Buyer's order is registered.

Any discount codes applied do not apply to delivery charges, and specific free delivery coupons are not eligible. They are not refundable. They are not applicable to gift cards.

6.2. Promotional codes

Promotional codes apply only to the base prices in effect on the site at the time of purchase. Some promotional codes can be combined with promotions or sales. The conditions of application are indicated when the promotional code is distributed. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by CHAMP LIBRE. These codes are not refundable when exercising the right of withdrawal offered to the Buyer.

6.3. Payment terms

The full price of the Products is payable upon order.

Payment can be made online by credit card, through the secure online payment service indicated on the Site.

CHAMP LIBRE also offers payment in 2x, 3x, or 4x by credit card through its partner ALMA. This 2x, 3x, or 4x payment by credit card (with fees) is available from €80 in France, Belgium, Spain, Italy, Germany, Austria, Ireland, Luxembourg, the Netherlands, and Portugal.

Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Amount of purchases
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

6.4 Fees

By paying in installments with Alma, the Customer does not pay any fees.

Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

6.5 Termination

Any termination of the General Terms and Conditions which bind the Seller and the customer, results in the termination of the General Terms and Conditions between Alma and the customer.

By paying for your order in installments with ALMA, you accept Alma's general customer conditions as well as Alma's specific conditions for CHAMP LIBRE customers.

6.6 Billing

The invoice corresponding to each order placed by the Buyer can be downloaded from their customer account as soon as the order is shipped.

6.7 Retention of title

CHAMP LIBRE retains full ownership of the Products sold until full payment of the price, including delivery costs.

7. DELIVERY

7.1 Territory of deliveries

Buyers are expressly informed that the Site does not offer delivery of Products to the countries listed on the Site.

7.2 Delivery methods

Delivery of the Products ordered on the Site is made to the address indicated when the Buyer places the order as the “delivery address” (which may be different from the billing address), or to a relay point of their choice, which may only be located in the territory in question.

The Buyer is informed before confirming his order of the possible delivery methods for the Product ordered as well as the times and costs corresponding to each of these methods.

The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product using this method.

The Buyer is solely responsible for recovering the delivered Products within the necessary timeframe.

The Buyer must ensure that the information provided is correct, and that it remains so until complete delivery of the Product(s) ordered. The Buyer therefore undertakes to inform CHAMP LIBRE of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Buyer may under no circumstances hold CHAMP LIBRE liable in the event of non-delivery, and CHAMP LIBRE's customer service will contact the Buyer for a second delivery at the Customer's expense.

7.3 Delivery costs

Delivery costs will be indicated on the order summary.

Delivery costs vary depending on the delivery method chosen or whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated when ordering.

Shipping costs are free in Metropolitan France from €80.

In accordance with Article L. 221-24 of the French Consumer Code, CHAMP LIBRE is not required to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional. These optional delivery costs are not reimbursed in the event of a return for a delivery amounting to more than €80. They are reimbursed at the equivalent amount of the least expensive standard delivery offered on the Site in the event of an order amounting to less than €80.

7.4 Delivery times

The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of the Order (excluding products made to order). In the case of a product made to order, an estimate of the delivery time is notified to the customer before placing the order.

7.5 Dispute over delivery

Any dispute regarding the delivery of the package must be submitted to CHAMP LIBRE within a maximum of 14 days following the delivery date announced by the package carrier. This dispute must be made exclusively by email to customer service or via the "Contact Us" page of the champlibre.store website. Any request sent via social media or by any other means will not be considered admissible.

8. RIGHT OF WITHDRAWAL

The right of withdrawal will be exercised in accordance with the terms provided for in the Consumer Code.

All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the French Consumer Code. Apart from this type of Product, the Buyer has a period of 14 working days, from the date of receipt of the Products ordered, to withdraw without having to provide reasons. The means of return will be at the initiative, convenience and expense of the Buyer. The return must be made exclusively to the following address:

OPEN FIELD
45 rue de la Clef, 59800, Lille

The Buyer who wishes to exercise their right of withdrawal must notify their return request via their CHAMP LIBRE customer account before the expiration of the above deadline. They can also contact customer service for assistance in this regard by clearly expressing their wish to withdraw and indicating their order number. In this case, customer service will confirm the return request with a unique return identifier. The Products must be returned to CHAMP LIBRE in their original packaging, without delay, by the Buyer, of their wish to withdraw. Each Product must be unworn, unwashed and in perfect condition.

The Customer has the possibility to try a Product as in a physical store, but undertakes not to wear it.

If the Product you return to us is damaged, worn or in poor condition and therefore cannot be resold, we will not be able to refund you and we may have to return it to you (and ask you to cover the delivery costs).

All Products are inspected upon return.

To receive a full refund, all returned Products must be unused/unworn and in the same condition as you received them with their original packaging, uncreased, with all tags still attached (for example, shoes must be returned in the shoe box you received).

Products that cannot be resold by CHAMP LIBRE cannot be returned (gift box, gift bag, etc.). They must be accompanied by the return slip sent to the customer when they requested the return.

The Buyer is deemed responsible in the event of deterioration of the Products upon their return to CHAMP LIBRE.

CHAMP LIBRE may refuse any non-compliant return:
- Return of an empty package
- Return of a package containing a product different from the one ordered or requested for return

Customer service will provide evidence of the refusal of the return: photographs of the product received, proof from the carrier, including the weight of the packages upon shipment and return. In the event of a missing product in the return, the Buyer will be contacted by CHAMP LIBRE customer service and the amount of the unreturned product will be deducted from the refund.

The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by CHAMP LIBRE of the request for withdrawal of the full amount paid for his order, less, where applicable, the return costs, which remain the responsibility of the Buyer. However, CHAMP LIBRE reserves the right to defer this reimbursement until the Products have actually been recovered.

The refund will always be made to the original payment method of the order.

In accordance with Article L.221-23 of the Consumer Code, the Buyer is informed that his liability towards CHAMP LIBRE is only incurred for any depreciation of the product(s) returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.

9. LEGAL GUARANTEES

CHAMP LIBRE reminds, however, that the Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.

If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform CHAMP LIBRE at the contact details mentioned in article 2 hereof, indicating the nature of the defect, non-conformity or damage noted and sending him any useful supporting documents, in particular in the form of photograph(s).

CHAMP LIBRE will arrange the return arrangements with the carrier of its choice, and will inform the Buyer of this by any appropriate means. CHAMP LIBRE will bear the costs of this return.

The Products must be returned to CHAMP LIBRE in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the terms described above cannot be taken into account.

CHAMP LIBRE will carry out the necessary checks and will offer the Buyer a replacement of the Product where possible. If replacement of the Product is not possible, CHAMP LIBRE will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which CHAMP LIBRE informed it of the impossibility of replacing the Product.

10. OBLIGATIONS OF BUYERS

Buyers are solely responsible for the choice and use of the Products. It is their responsibility to verify the suitability of the Products for their specific needs and constraints prior to purchasing said Products.

They must also take the necessary measures to back up by their own means the information in their Personal Space that they deem necessary, no copy of which will be provided to them.

Finally, it is up to the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

11. FREE FIELD LIABILITY

11.1 CHAMP LIBRE undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, CHAMP LIBRE reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, CHAMP LIBRE cannot be held responsible for temporary difficulties or impossibilities of accessing the Site which may originate from circumstances beyond its control, force majeure, or which may be due to disruptions in the telecommunications networks.

11.2 CHAMP LIBRE does not provide the Buyer with any guarantee as to the suitability of the Products to its needs, expectations or constraints.

11.3 CHAMP LIBRE's liability is excluded in the event of damage, direct or indirect, affecting property or persons, suffered by the Buyer or a third party, and resulting from the following cases:

- Negligence or fault committed by the Buyer or by a third party;
- Any use in conditions that are clearly not compliant with the use of the Products.

11.4 CHAMP LIBRE cannot be held liable for non-performance or delay in the performance of sales contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blockage of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.

11.5 In any event, the liability that may be incurred by CHAMP LIBRE under these terms is expressly limited to only proven direct damages suffered by the Buyers.

12. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by CHAMP LIBRE within the Site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of CHAMP LIBRE are strictly prohibited and may be subject to legal action.

13. PERSONAL DATA

CHAMP LIBRE practices a personal data protection policy, the characteristics of which are explained in the document entitled “Confidentiality Charter”, which the Buyer is expressly invited to read.
CHAMP LIBRE understands that data protection and privacy are an issue for all Internet users visiting the Site.

CHAMP LIBRE is committed, in accordance with GDPR regulations, to respecting your privacy and protecting your personal data, i.e. data that could identify you directly or indirectly as a person.

As part of the Order, CHAMP LIBRE is required to collect the Buyer's personal data. CHAMP LIBRE is committed to protecting Buyers' personal data.

Files containing personal data required for the Order are stored on the servers of the Site's host. This service provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR).

CHAMP LIBRE does not communicate or trade Buyers' personal data.

At the Order stage on the Site, the Buyer expressly consents to the collection and processing of his personal data necessary to carry out the Orders.

The personal data collected by CHAMP LIBRE is intended to enable the completion of the Order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proof of identity, any Buyer, regardless of their nationality, has the right to access, modify and delete their personal data. Each Buyer is also entitled to request a limitation of the processing of their data and also has the right to data portability and the right to object to the processing of their personal data.

For the purposes of applying this clause and, in particular, to ensure the confidential processing of Buyers' data, CHAMP LIBRE has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: bonjour@champlibre.store

In any event, any Buyer has the right to make any complaint to the CNIL.

14. ADVERTISING

CHAMP LIBRE reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which CHAMP LIBRE will be the sole judge.

15. LINKS AND THIRD-PARTY SITES

CHAMP LIBRE cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) which the Buyer accesses via the Site.

CHAMP LIBRE assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

CHAMP LIBRE is also not responsible for transactions between the Buyer and any advertiser, professional or trader (including its potential partners) to whom the Buyer may be directed via the Site and may not under any circumstances be a party to any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

16. PROHIBITED BEHAVIOURS

16.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into CHAMP LIBRE's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to harm the financial, commercial or moral rights and interests of CHAMP LIBRE or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.

16.2 It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.

16.3 The Site is protected by an application firewall. This firewall may restrict access to the site at any time for any behavior detected as abnormal. You may request to regain access to the site by contacting the webmaster.

16.4 In the event of a breach of any of the provisions of this article or, more generally, of breaches of laws and regulations, CHAMP LIBRE reserves the right to take all appropriate measures and to initiate any legal action.

17. UNSUBSCRIBE

The Buyer may unsubscribe from the Site at any time by sending a request to this effect to CHAMP LIBRE by email, using the contact details mentioned in article 2.
Unsubscription is effective within a maximum of 7 (seven) days from this request. It results in the automatic deletion of the Buyer's Account.

18. MODIFICATIONS

CHAMP LIBRE reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the Buyer's order.

19. LANGUAGE

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

20. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Lille will have exclusive jurisdiction to rule on it, unless there are mandatory procedural rules to the contrary.