General terms and conditions of sale applicable from January 1, 2025
The present conditions of sale are concluded on the one hand between PARADIGM, a limited liability company with variable capital of €10,000 whose registered office is located at 20B Chemin de l’Eclair, 34170 Castelnau le Lezregistered in the Montpellier Trade and Companies Register under number 501 095 848, operating the brand SPINFIRESPORT.FR hereinafter referred to as » SPINFIRESPORT.FR “SPINFIRE SPORT” or “PARADIGM” and on the other hand, any individual or legal entity hereinafter referred to as “the buyer”, wishing to make a purchase directly from our company or via the website www.spinfiresport.fr belonging to “PARADIGM”.
1. Scope of application
These terms and conditions apply to all our sales of equipment and services.
By placing an order with us, the customer accepts our general terms and conditions of sale in full and without reservation.
No special conditions may prevail over our general terms and conditions of sale, unless formally accepted in writing by us.
In the absence of express acceptance on our part, we shall not be bound by any conditions set by the purchaser to the contrary.
The fact that we do not avail ourselves, at any time whatsoever, of any of the present general conditions of sale may not be interpreted as a waiver of the right to avail ourselves of any of the said conditions at a later date.
2. Controls
Our goods may only be sold to persons of legal age.
We are only bound by orders placed after written confirmation on our part and, in the case of distance selling, after validation of payment by our bank, in the case of payment by bank or credit card, or paypal, or after cashing of the cheque, these two conditions being cumulative.
Orders placed on the server are binding on the customer as soon as the order and payment have been received by our customer service department.
In the case of payment by cash on delivery, orders placed on the server are binding on the customer as soon as the order is received by our customer service department. The contents of the order are those specified in the order confirmation.
3. Right of withdrawal
Pursuant to the new article L121-17 of the French Consumer Code, the Internet user can find out about his right of withdrawal from the following detailed “right of withdrawal” article. In accordance with the provisions of Articles and of the Consumer Code, the customer has a period of fourteen clear days from delivery to return the goods delivered.
Information: return transport remains entirely at your expense and does not give rise to any compensation. The risks are borne by the customer until the goods are received on our premises. It is therefore the customer’s responsibility to insure returned goods against loss, shortage and damage. The return of equipment under warranty is subject to the following conditions: the product must be returned in its original packaging, in good condition, and must not have been disassembled, modified or used outside the manufacturer’s standards (lubricant, gas, etc.). The cost of returning goods is borne by the customer, who is responsible for ensuring that they are shipped at the invoiced value. In no case may the reimbursement value of transport, if applicable, exceed the Spinfiresport.fr transport rate.
3.1 Preamble
Articles L121-16 to L121-23 of the Consumer Code in their version resulting from the Consumer Law of March 17, 2014 in force as of June 13, 2014. The customer has the right to withdraw from this contract without giving any reason within 14 days. Goods made to the consumer’s specifications or clearly personalized cannot be subject to the right of withdrawal. Goods that are perishable or liable to deteriorate rapidly remain excluded from the right of withdrawal, as do newspapers, periodicals and magazines.
3.2 Starting date
The withdrawal period expires 14 days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last lot or piece.
3.3 Address
To exercise the right of withdrawal, the customer must notify Paradigm -Spinfiresport.fr of his decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail to contact@paradigm.fr or contact@spinfiresport.fr), indicating his name, address, telephone number, e-mail address, fax number and order number.
3.4 Effects of withdrawal
In the event that the customer withdraws from this contract, Spinfiresport.fr will reimburse all payments received from the customer, including delivery costs (with the exception of additional costs arising from the fact that the customer chooses, where applicable, a delivery method other than the less expensive standard delivery method offered by Spinfiresport.fr) without undue delay and, in any event, no later than 14 days from the day on which Spinfiresport.fr is informed of the decision to withdraw from this contract.
Spinfiresport.fr will make the refund using the same means of payment as that used by the customer for the initial transaction, unless the customer expressly agrees to a different means; in any event, this refund will not incur any costs for the customer.
The sum to be refunded includes the initial delivery costs of the product within the limit of the costs corresponding to the cheapest standard shipping method offered by the merchant.
3.5 Refund retention
Spinfiresport.fr may defer reimbursement until Spinfiresport.fr has received the goods or until you have provided proof of shipment of the goods, whichever comes first.
3.6 Return of goods
You must return the goods to Paradigm -SpinBiresport.fr at the following address(SARL PARADIGM, SpinBiresport.fr, 20 chemin de l’éclair, 34170 Castelnau-le-Lez FRANCE), without undue delay and, in any event, no later than 14 days after the customer has communicated his decision to withdraw from this contract. This deadline is deemed to have been met if the customer returns the goods before the fourteen-day period has expired.
3.7 Return shipping costs
The customer must bear the direct cost of returning the goods.
3.8 Liability
The customer is only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
4. Order cancellation
No total or partial cancellation of an order is possible, with the exception of the case referred to in Point 3 of these conditions.
5. Terms of delivery
Delivery is made either by direct handover of the product to the customer, or by simple notice of availability, or by delivery to a shipper or carrier of our choice on our premises.
They are dispatched at the expense and risk of the purchaser to whom they are invoiced, who bears the cost and is responsible for checking any shortages or damage.
It’s up to him to take the necessary precautions: check the general condition, and if there are any problems, make reservations, unpack and check against the delivery notes.
Report missing references and quantities in the presence of the carrier.
Promotional offers with free shipping are only valid in metropolitan France. In certain specific cases (for a same-day departure, a re-delivery, an order in several parts, etc.), Spinfiresport.fr may choose another carrier than the one initially selected.
6. Delivery times
Delivery times are given as an indication only and may not give rise, on the part of the purchaser, in the event of late delivery, either to the cancellation of the order or to a claim for damages.
In any case, on-time delivery is only possible if the customer is up to date with his obligations towards us.
There are no guaranteed delivery times for orders with free shipping.
We reserve the right to ship small items by max. letter.
We can also switch your orders to express delivery (GLS).
7. Transfer of risk
The risks are transferred to the customer by taking possession of the goods on our premises or by handing them over to the carrier.
In the event of damage or shortage, it is the customer’s responsibility to make any necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within two days of receipt of the goods.
If the customer wishes to insure the goods during transport, it is up to him to request this in writing when placing the order.
The cost of insurance will be billed to the customer and payable at the same time as the goods purchased.
In the event of loss, shortages or damage, the customer must personally hold the carrier responsible, as we cannot be held liable under any circumstances.
8. Receipt of goods
Without prejudice to the measures to be taken with regard to the carrier, any complaints regarding apparent defects or non-conformity of the goods delivered with the goods ordered or the dispatch note, must be made in writing within 7 days of the date of receipt of the goods by the customer.
It is the customer’s responsibility to provide proof of any defects or anomalies.
The customer must give us every opportunity to ascertain any defects so that we can remedy them.
The customer shall forbid himself and third parties from intervening in the goods in question. Otherwise, the customer’s claims will not succeed.
9. Apparent defects and non-conformity
In the event of an apparent defect or non-conformity of the goods delivered, duly noted by us under the conditions set out in the present terms of sale, the customer may obtain a free replacement or refund of the product, at our discretion, to the exclusion of any compensation or damages.
10. Promotional sales and second-hand goods
Promotional and pre-owned merchandise is non-refundable and non-exchangeable. Used goods are sold without warranty or liability.
Discount coupons (or discount codes) may be combined with promotional sales. Discount coupons (or discount codes) cannot be combined with discounts granted to certain categories of customers, such as associations and professionals. Discount coupons cannot be combined with free shipping.
11. Warranties
Our products come with a two-year parts and labor warranty, with the exception of the battery and launch wheels, which are guaranteed for 1 year and six months respectively, by return or deposit in our store in accordance with the articles in these general terms of sale.
Article R.211-4 of the French Consumer Code stipulates that: “In contracts concluded between professionals on the one hand, and non-professionals or consumers on the other, the professional cannot contractually guarantee the item without clearly mentioning that the legal guarantee applies in any case, which obliges the professional seller to the buyer against all consequences of defects or hidden faults in the item sold”.
Application of the warranty
1. The machine must be dropped off or sent to the service department of your local exclusive Spinfire distributor. Spinfire Sport France is only responsible for the cost of returning repaired products if the repair is covered by the warranty. Spinfire or its distributors are not liable for loss or damage during shipping.
2. The machine must always be operated and maintained in accordance with the instructions given in the operating instructions.
3. No modifications or repairs may be carried out on the machine without the prior agreement of your official Spinfire distributor.
4. Proof of purchase must be provided to verify the date of purchase and establish the warranty period. Only the original purchaser is covered by the warranty.
5. The warranty period is calculated from the date of purchase only.
12. Scope of warranty
The warranty is expressly limited, at our option, to the repair or replacement of parts recognized by us as defective, including labor. Repair times may be given to the customer on request. They are only indicative, and exceeding them will not give rise to the payment of damages.
Interventions under the warranty will not have the effect of extending the duration of the warranty.
The presentation of the purchase invoice or a photocopy thereof will be required when the warranty is invoked.
Products must be returned to our workshop in their original packaging.
13. Warranty exclusions
Deterioration and defects caused by natural wear and tear or accident, or attributable to incorrect assembly, faulty maintenance or abnormal use, or to the technical intervention of a third party not authorized by our company, are excluded from the warranty.
The warranty only applies to the customer on the express condition that he is up to date with his obligations towards us.
14. Price-payment
Goods are delivered at the price valid at the time the order is placed.
Prices shown on our online or paper sales documents are subject to change without notice.
Prices are net, including packaging, except for special packaging, which is invoiced extra.
For deliveries outside France, the cost of transport will be deducted in addition.
All taxes and other duties payable under French and European legislation are at the buyer’s expense.
Each delivery is accompanied by the corresponding invoice.
Our invoices are payable by the customer in cash on collection of the goods from our premises; no discount may be deducted.
In the case of delivery, payment of the sales price and ancillary costs must be enclosed with the order.
In the event of a derogation from the terms of payment set out in the two preceding paragraphs, and in the event that a sum is not paid on the due date, this sum will automatically give rise, without prior notice, to the payment of late payment interest at the Banque de France discount rate on the day of invoicing, increased by 10 (ten) points, in derogation of article 1153 of the French Civil Code.
Interest will accrue from the due date to the date of payment.
In the event of non-payment and 48 hours after formal notice has been served, the sale will be terminated by operation of law and, if we see fit, we may request, in summary proceedings, the return of the goods without prejudice to any other damages.
The cancellation will affect not only the order in question but also all previous unpaid orders, whether they have been delivered or are in the process of being delivered, and whether or not payment is due.
In the event of payment by bill of exchange, failure to return the bill of exchange will be considered as a refusal of acceptance, equivalent to a default of payment. No sale or rental will be honored without payment of the previous delivery.
Similarly, when payment is made in instalments, non-payment of a single instalment will result in immediate payment of the entire debt without formal notice.
In all of the above cases, any sums due for other deliveries or for any other reason will become immediately payable, as will the cancellation of corresponding or future orders.
The purchaser shall reimburse all costs incurred in the legal recovery of the sums due, including lawyers “and court officials” fees.
Under no circumstances may payments be suspended or offset in any way without our prior written consent.
Equipment purchased on the website can be collected from our head office in Castelnau-le-Lez.
For Paypal : A handling fee will be added, and your payment will be increased by 3%.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to all your personal data at any time. To do so, please send a letter, stating your identity, to FIA-NET – Service Informatique et Libertés – Traitement n°1186887 – 39 rue Saint Lazare, 75009 PARIS
If the customer’s billing address is in Metropolitan France or in a member country of the European Union (EU), and regardless of the place of delivery: invoicing inclusive of VAT at the rate currently applicable in mainland France.
If the customer’s billing address is in a French overseas department or territory, or outside the EU, and you request delivery in mainland France or an EU member state: invoicing inclusive of VAT at the rate currently applicable in mainland France.
If the invoicing and delivery addresses are in a French overseas department or territory, or outside the EU: invoicing exclusive of VAT. On the other hand, on arrival of the parcel, the buyer will be required to clear the goods through customs by paying duties and taxes on entry into the department, territory or country.
15. Reservation and ownership
The transfer of ownership of the item sold is subject to full payment of the price by the customer.
However, risks are transferred under the conditions set out in Point 7 of these General Terms and Conditions of Sale.
In the event that payment is not received within the period specified in Point 15 of these General Terms and Conditions of Sale, we reserve the right to take back the goods delivered and, if we see fit, to cancel the contract.
In the event of non-payment by the customer or non-return by the customer, we may, without losing any of our rights, demand by registered letter with acknowledgement of receipt, the return of the goods at the expense and risk of the purchaser or lessor. We may unilaterally and immediately have an inventory drawn up of unpaid goods held or not returned by the purchaser or lessor, by simple Order on request issued by the President of the Montpellier Tribunal de Grande Instance (High Court) ruling in civil matters.
The customer shall bear the costs and fees of the Lawyers and Court Officers involved in the procedure to reclaim the goods and its consequences.
16. Liability for goods sold
We cannot be held responsible for any misuse of the goods sold, particularly ball launchers, which can be dangerous if misused. The purchaser is deemed to have read carefully and to apply the conditions of use indicated in the documents enclosed with the equipment.
17. Jurisdiction and applicable law
All contracts and orders accepted by us are governed by French law.
The courts of Montpellier (34) have exclusive jurisdiction, even in the event of incidental claims, warranty claims and/or multiple defendants.
18. Personal data protection
All the data you give us is used to process your orders.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to access, consult, modify, rectify and delete any data you have provided to Spinfiresport.fr. Under no circumstances will your data be passed on to a third party without your consent. Customers who request it and can justify it can access the “Association” or “Professional” customer categories. The Spinfiresport.fr management accepts the request or not, without any obligation or justification.
19. Rental
A deposit is required before the departure of any rental equipment.
The amount of the deposit is based on the price of the equipment in new condition.
This deposit (which is not refundable) will be returned after the equipment has been inspected on its return.
All rentals and events are subject to the deposit.
Rentals may only be made to persons of legal age, on presentation of their identity card.
When renting out equipment, the hirer acknowledges having read the safety rules and formally undertakes to comply with them.