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General Conditions of Sale

Article 1. The Website

The website eGolf-Balls.com (the "Website") is an e-commerce website that is accessible via the Internet at http://www.eGolf-Balls.com. The Website is operated by Paktiz ("Paktiz"), a private company under French law with a share capital of 77 000 euros, with registered offices at 12, rue Vivienne, 75002 Paris (France), registered with the Paris Registry of Companies under number 535 000 178. Paktiz offers to sale on the Website used and recycled golf balls from a large selection of brands (the "Products") to web users of the Website (the "Website Users"). Paktiz’s designated payment partner in charge of online payments is PayPal (the "Payment Partner").

For the purposes of these General Conditions of Sale, it is agreed that the Website User and Paktiz shall be jointly referred to as the “Parties” and individually referred to as a “Party”, and that Website User who has confirmed an order shall be referred to as “Purchaser”. Website User’s rights and obligations also apply fully to Purchaser.

Products are intended for the personal use of Website User, in no direct relation to any professional activity.

Products ordered by Website User can only be delivery within France, Germany, Austria, Belgium, Netherlands, Luxembourg, Spain, Italy, Bosnia, Bulgaria, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Norway, Poland, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic and within the following islands: Canary Islands, Corsica, Sicily, Isle of Man (the “Delivery Territory”). Orders cannot be placed for delivery addresses situated outside this Delivery Territory. Paktiz will not process any order for which a post office box is provided.

Website User who wishes to purchase via the Website declares that he has full legal capacity and is aged 18 or over.

All orders for Products offered on the Website imply the express acknowledgement and acceptance of the General Terms and Conditions of Use and also the express acknowledgement and acceptance of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive), confirmation of the order form, as specified in Paragraph 4 "Order Terms and Conditions" below, constitutes a contract between Paktiz and Website User for the purchase Products.

The Website User has permission to save or print a copy of these General Conditions of Sale, but may not edit or modify them.

The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arising from the online sale of the Products offered on the Website from France, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. They specify the procedure applicable when placing an order, as described in Paragraph 4 “Order Terms and Conditions” and follow-up of said order by the Parties.

Paktiz reserves the right to update these General Conditions of Sale at any time. The Parties shall only be bound by the General Conditions of Sale which are online the day the order is placed. The General Conditions of Sale aim to define the selling terms between the Parties, from the order’s placement until the after-sale services, through payment and delivery.

These General Conditions of Sale apply to the exclusion of all other documents. These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.

Article 2. Products

2.1 Products display

The Products offered for sale are those listed on the Website, on the date the Website User visits the Website. Only the Products which are available on stock are offered. The Products are described and displayed in accordance with French law.

The Products are described and displayed as accurately as possible. However, in the event of an error or omission, Paktiz shall not be held liable. Products’ photographs are non-binding.

2.2 Products availability

Products offered are subject to availability. If a Product is not available, Website User shall be informed thereof as soon as possible. Such information may be provided to Website User:

-    When placing his order: a window appears and states that the Product selected is temporarily unavailable. Website User may then, if he so wishes, enters his e-mail address in order to be informed as soon as the Product becomes available again.

-    After confirmation of his order and prior to shipping: by e-mail. If Product unavailability as detected after an order is confirmed and payment made, Paktiz will take the necessary steps with the Payment Partner to deduct the price of the unavailable Product(s) from the total amount charged to the Purchaser’s card account.

If a Product’s unavailability is discovered after the order has been confirmed, the Purchaser shall have the option of cancelling his order by requesting either a full refund of the amount paid within a maximum of thirty (30) days after said amount was charged to his account, or requesting an alternative to the unavailable Product(s), by sending an e-mail request to support@eGolf-Balls.com.

Paktiz shall not be held liable if Products are out of stock or unavailable.

2.3 Retention of title

The Products ordered shall remain the property of Paktiz until full receipt of the price by Paktiz. In the event of a payment incident or incomplete/partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the Products received to Paktiz at the latter’s first request.

On the effective date of delivery, the risks (in particular loss, theft or damage) concerning the Products delivered are transferred to the Purchaser.

Article 3. Prices and Payment

3.1 Prices

The prices of the Products are given in euros. They include the VAT applicable on the date of the order.

The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by Paktiz. Prices stated do not include delivery costs, which will be invoiced in addition and specified to Website User when the order is confirmed.

The Website User accepts Paktiz’s right to modify its prices at any time; however, the Products will be invoiced on the basis of the prices are those stated on the Website.

3.2 Payment

All payments must be made immediately over the Internet. Unless the server is unavailable, Website User may pay:

-    with a credit or debit Card (Blue, Visa, MasterCard). The user will input his card number, the expiry date, the name of the card owner and the 3 security digits. Payments with Visa and MasterCard are secured with 3D Secure technology.
-    with PayPal. The Website User, by choosing to pay with his PayPal account, shall automatically be redirected to his PayPal’s account. Once his PayPal payment confirmed, the Website User will be able to put an end to his order on the Website.

Paktiz reserves the right to refuse all orders or deliveries if there is an existing dispute with the Purchaser, in the event of total or partial failure to pay for a previous order by the Purchaser, if credit/debit card payment authorization is denied by the card company, or in the event of total or partial failure to pay.

In the interests of online fraud prevention, information concerning orders will be verified by Paktiz’s Payment Partner.

3.3 Customer Service

Website User must send any letter, any request or Products return by post to the customer service to following address:

PaKTiZ-eGolf-Balls
Service Clientèle
10, rue Saint Fiacre
75002 Paris
France

Article 4. Order Terms and Conditions

4.1 Placing an order

Should the Website User wish to place an order, he must simply select the Product he is interested in and confirm said interest by clicking on the “Checkout” icon.

Each new Product added to the Shopping Bag is confirmed by a specific pop-up screen.

Website User may at any time:

-    obtain a summary of the Products he has selected or modify his order, by clicking on the ”Item” icon.
-    continue to select Products by clicking on "Continue shopping“
-    complete his selection of Products and order them by clicking on ”Checkout”.

To order the Products selected, Website User clicks on the “Item” icon. An order recap displays. If the list corresponds to Products chosen, Website User can confirm his selection by clicking on “checkout”.

Website User must then identify himself:

-    either by entering his e-mail address and password, if he is a member of the “eGolf-Balls” Club,
-    or via Facebook Connect, by entering the information of his Facebook’s account,
-    or by accurately filling out the form provided, which contains information required to identify him, including the Website User's full name and postal address.

Website User is informed and accepts that entering a user name constitutes proof of his identity and evidences of his consent.

Once Website User has identified himself a recap displays stating: the type, quantities and prices of the Products selected by the Website User, the delivery costs, the order total, the Website User's details and the delivery address for the Products.

4.2 Final confirmation of orders

Website User must tick the "I accept the general conditions of sale" box before he can select his payment method on the same page.

When paying with a credit/debit card, the Purchaser confirms his choice by clicking “Credit Card”. Website User is then asked to enter his credit/debit card details and is confirmed after verification of cards information provided on Paktiz’s designated Payment Partner.

4.3 Order confirmation

When the Purchaser has confirmed his order and payment, a recap displays featuring a transaction number. This recap is also sent in the form of an order confirmation e-mail containing all elements constituting a purchase agreement between the Parties.

When the order is prepared and dispatched, a dispatch confirmation e-mail is also sent to the Purchaser.

The data recorded by the Website constitutes proof of all the transactions concluded between the Parties. In the event of a dispute between the Parties on a transaction carried out on the Website, the data recorded by Paktiz shall be deemed irrefutable proof of the contents of the transaction. Paktiz retains a written record of the contract concluded between the Parties in electronic form. The archiving of forms order and invoices is made on a reliable and sustainable format in order to comply with the requirement of sustained and loyal copy under French Civil law.

Article 5. Delivery

5.1 Delivery terms and conditions

In any event, orders are dispatched at the latest thirty (30) days as from the day following order confirmation (i.e. payment received and information concerning orders verified by Paktiz’s Payment Partner).

Products ordered shall be delivered to the address stated by the Purchaser on the order form. The Purchaser undertakes to supply a correct address when placing his order. If the Purchaser is not present at the time of delivery, a delivery note will be left by the postal services in the Purchaser’s letterbox informing the Purchaser that he will be able to collect the parcel from the post office within fifteen (15) working days.

5.2 Delivery problems

Paktiz shall have no liability for any delay or loss caused by the postal services. Delivery is made at the Purchaser’s risk. If a delivery is late, the Purchaser must inform the customer service without delay, by e-mail to support@eGolf-Balls.com. Paktiz shall contact the postal services in order to initiate an enquiry. Enquiries may take some time. Ownership of Products ordered shall only be transferred to the Purchaser upon full payment of the price of said products, including delivery charges.

Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchaser on the form presented to him when the parcel is delivered and must be notified to the customer service without delay, by e-mail to support@eGolf-Balls.com. All claims filed more than seven (7) working days following the day of receipt of a delivery will be rejected and Paktiz will be released from all liability.

Article 6. Legal Warranties

The Purchaser will benefit from the provisions of the legal warranty of conformity and the legal warranty of hidden defects.

Article 7. Satisfied or Refunded – Non compliant Product

7.1 Product(s) with which the Purchaser is not satisfied

The Purchaser has fourteen (14) working days (beginning with the day after the day on which the Purchaser receives the Products) to return, at his own expense, any Product(s) ordered if not fully satisfied for any reason. Products must be returned undamaged, in their original packaging, accompanied by the slip on bottom of the invoice or delivery note using standard delivery to the postal address of the consumer service as specified in Paragraph 3.3.

Returns sent with postage due will not be accepted. All Product returns are at the Purchaser’s risk.

If the aforementioned conditions are met, Paktiz will refund the full price of the Product(s) to the Purchaser within thirty (30) days.

7.2 Non-compliant Product(s)

Any non-compliant Product(s) must be returned to Paktiz for exchange or refund within fourteen (14) working days, undamaged, in their original packaging, accompanied by the slip on the bottom of the invoice or delivery note. If your return results from an error made by Paktiz, return shipping costs will also be refunded.

The defective or missing Product(s) will be exchanged or refunded.

Upon receipt by Paktiz of Product(s) presumed to be non-compliant, Paktiz will examine said Product(s) without delay. If the non-compliant nature of the Product(s) is accepted by Paktiz, refunds will be made to the Purchaser within thirty (30) days following the day of such acceptance and shall cover the price(s) of the Product(s) purchased, as well as any return shipping costs incurred.

Article 8. Limitation of Liability

Paktiz shall not be held liable if Products are out of stock or unavailable as a result of a Force Majeure Event.

Paktiz does not guarantee:
-    that the Website performs without interruptions or breakdowns, or
-    that the Website is free of anomalies, errors or bugs, nor that may these be corrected. The Website and its contents are provided on an "as is" and "as available" basis.

Paktiz shall not be held liable for:
-    any damage resulting from an incursion by a third party leading to a modification of the information provided on this Website;
-    more generally, any damage, direct or indirect, regardless of its cause, origin, nature or consequences, resulting from access to the Website, inability to access to the Website, as well as use of the Website and/or credit given to any information directly or indirectly provided through the Website

Article 9. Intellectual Property

The Website and its content such as trademarks, texts, lay-out, graphic elements, logos, drawings, designs, illustrations, photographs, sound tracks, etc., are the exclusive property of Paktiz or its content suppliers and are subject to protection by intellectual property rights and other private rights. The access to the Website does not grant any of the intellectual property rights of the Website to the Website User.

Any reproduction, representation, modification, transmission, publication, adaptation on any support in any way or exploitation in any way of the Website is prohibited without preliminary consent of Paktiz. Only private and non-commercial use of an insubstantial part of the Website is authorized. Exploitation without preliminary consent by Paktiz, in any way, of the whole or part of the Website, may lead to appropriate action, i.e. prosecution for counterfeit.

Article 10. Personal Data

Providing personal data collected within the scope of distance sales is required, as such information is needed to process and deliver orders and prepare invoices. Such personal data will be kept strictly confidential. Failing to provide such personal data automatically voids your order.

In line with the Data Protection Act, Website User is entitled to access, modify, correct and delete data concerning him. In order to exercise this right, Website User must send a letter by post to the postal address of the consumer service as specified in Paragraph 3.3.

Article 11. Force Majeure Event

Neither Party shall be liable for the total or partial non-performance or a delay in performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control under the definition given by French case law (a “Force Majeure Event”).

If a Party invokes an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five (5) working days of the occurrence or threatened occurrence of said event.

The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of completing orders in case of Force Majeure. After one (1) month of interruption due to a Force Majeure Event, Paktiz may choose to cancel the order(s), in which case it shall refund the Purchaser where applicable.

Article 12. Severability

If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.

Article 13. Governing Law and Jurisdiction

13.1. These General Conditions of Sale and the contractual relations between the Parties shall be governed by the laws of France.

13.2 Contract entered into by a French Purchaser ordering from France
Any legal proceedings arising in relation to execution or interpretation of this contract will be brought before the courts having jurisdiction in the domicile of the defendant or the place of delivery.

13.3 Contract entered into by a Purchaser having placed an order from another country in the European Union
Any legal proceedings arising in relation to execution or interpretation of this contract will be brought before the competent courts pursuant to the directives and regulations of the European Union (Brussels Convention, 27 September, 1968).