General Terms and Conditions of Sale
These General Terms and Conditions govern the relationship between:
The company OffCourses-TSI, a simplified joint-stock company with a capital of €212,887.40, headquartered at 53 rue de Bramafan, 73230 Barby, registered with the Chamber of Commerce of Chambéry under the number 408 820 777; VAT number FR66408820777
And its customers.
1. Service Presentation:
OffCourses-TSI markets, under the OffCourses brand, food and cleaning products in winter sports resorts. It offers two types of services:
Weekly BOX: all the necessities for a week of skiing.
Custom orders: customers create their own shopping list.
Goods are delivered to the customer on Saturdays, the day of their arrival at the resort. For some resorts with Sunday-Sunday stays or during certain holidays or weekends, specific delivery schedules are provided.
2. Scope:
These general sales conditions describe the online sale modalities of services offered by OffCourses-TSI to customers. They outline the obligations and rights of both parties.
OffCourses-TSI reserves the right to modify these general terms and conditions at any time without notice. Such modifications will not apply to orders already placed by the customer.
No general or specific conditions communicated by the customer can be integrated into these general conditions.
The fact that OffCourses-TSI does not invoke a breach by the customer of any of the obligations mentioned herein shall not be interpreted in the future as a waiver of that obligation.
The customer acknowledges having read, at the time of placing the order, the specific sales conditions stated on the screen (name, price, components, weight, quantity, color, product details) and expressly declares to accept them without reservation. Placing the order and confirming it by bank payment by the customer signifies their full and complete acceptance of the specific sales conditions, the only ones applicable to the order.
3. Capacity:
The customer acknowledges being at least 18 years old and having legal capacity to approve the general sales conditions.
4. Products:
In accordance with Article L. 111-1 of the Consumer Code, photographs and descriptions of products offered on the website www.offcourses.net are as accurate as possible.
Therefore, the texts accompanying the photographs reproduce the information on the packaging. Differences between photographs and products can only be minor and do not concern the essential characteristics of the products.
Every order must correspond to normal needs for a ski vacation with family or friends. For large groups (more than 10 people), it is advisable to contact our services by email or phone.
4.1 Product Availability:
Custom Orders:
All products offered are deemed available. However, market contingencies may exceptionally make certain products unavailable.
In case of unavailability of one or more products in the order, OffCourses-TSI will offer the customer a substitute product of equal or higher quality than the ordered product. The customer has the option to accept or refuse this replacement.
If the specificity of a product does not allow proposing an equivalent, or if the customer refuses the replacement, the customer will be refunded for the missing product(s).
BOX:
The compositions of the BOX are defined in the downloadable PDF document on the product sheet and sent as a link in the order confirmation. If a product were to be missing, it would be replaced by an equivalent or superior product. If the customer is not satisfied with this replacement, they can request a refund for the missing product by a simple email. The refund rate will be that of the replaced product in the "custom orders" section of the website www.offcourses.net.
4.2 Product Characteristics:
The customer acknowledges having read the characteristics of the products on the screen (price, brand, weight, components, specifics, probable expiration date, etc.).
For halal products distributed by OffCourses-TSI, the manufacturer and its control organization are responsible for product compliance.
4.3 Product Quality:
The customer is aware of the product details (weight, brand, composition, expiration date).
4.4 Sale of Alcohol:
French law prohibits the sale of alcohol to minors under 18 years old. The customer certifies having reached the age of 18 at the time of the order.
If the person is not 18 years old, the alcoholic beverages will be returned to the warehouse at 53 rue de Bramafan, 73230 Barby. They can be picked up within two weeks between 9:00 AM and 5:00 PM from Monday to Friday by any person proving their identity (18 years old and owner of the purchased products). Beyond this period, the products will be lost to the customer without compensation.
4.5 Product Regulation:
Each product has a complete description on the product sheet on the site, written based on the information on the product packaging.
In accordance with current regulations on the sale of alcohol, any order exceeding the maximum authorized volume cannot be honored, namely:
10 liters for spirits and alcoholic beverages (all beverages with an alcohol content higher than 22% vol.),
60 liters for sparkling wines,
90 liters for wines and fermented products (ciders),
110 liters for beers,
20 liters for other beverages (between 1.2% vol. and 22% vol.).
Any sugar order cannot exceed 25 kg.
5. Ordering Procedure:
Choose the resort.
Choose the desired delivery date.
Fill the cart according to product availability (depends on the resort and date).
Provide all necessary delivery information.
Pay only by credit card.
6. Order:
Any order validated and paid by the customer constitutes an irrevocable acceptance that can only be challenged in cases provided for in this contract under "right of withdrawal" and "delivery delay."
OffCourses-TSI cannot be held responsible for errors in entering delivery dates, addresses, or phone numbers and the consequences thereof. These must be entered in international format for foreign nationals.
The ordering process complies with the 2004-575 law, known as LCEN.
In particular, any internet user wishing to validate their order must identify themselves by filling out the appropriate form provided on www.offcourses.net. This identification is done in strict compliance with amended law 78-17 as indicated in the "Data Protection" article.
After validating the contents of the order, the internet user will confirm it definitively.
For this purpose, they must provide their credit card number and the cryptogram number (3-digit number on the back of the credit card).
The sale will be concluded upon full payment (except for specific clauses) of the selected services.
6.1 Personal Information:
To be valid, an order must include:
Customer name (for delivery convenience, it is requested to use the same name for grocery reservations as for apartment reservations with the host).
A certain number of products (note that for orders less than €150, shipping costs will be charged).
Station name (e.g., La Plagne).
Address in the resort (residence).
Chosen delivery date from the dropdown list.
At least one reachable mobile phone number on Saturdays (Non-French nationals must provide their number in international format).
Payment by credit card.
6.2 Customer Account:
To place an order, the customer must have a customer account on the website www.offcourses.net. The creation of this account is done by clicking on the "Create an account" button and filling in the necessary information (name, first name, address, telephone, email, password).
The customer can check the details of their order at any time by consulting their account. This information is confidential.
7. Confirmation:
All the contractual information is presented in French and will be confirmed at the latest at the time of validation of the order by the customer.
The company OffCourses-TSI reserves the right not to confirm an order for any reason whatsoever, such as a supply problem, a problem concerning the order received, an abnormal order, or a foreseeable problem concerning delivery.
OffCourses-TSI will inform the customer of the cancellation of their order by any means.
8. Proof of the Transaction:
The computerized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communication, orders, and payments between the parties.
It is expressly agreed that, unless there is a manifest error on the part of OffCourses-TSI, the data stored in the company's information system has probative value regarding orders placed by the customer.
Data on computer or electronic support constitute valid evidence and, as such, are admissible under the same conditions and with the same probative value as any document that may be drawn up, received, or kept in writing.
9. Price:
The prices of products sold are those in effect on the day the order is placed.
They are denominated in euros and calculated inclusive of tax.
OffCourses-TSI reserves the right to modify its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.
9.1 Price Components:
The prices include the cost of processing orders.
9.2 Price Changes:
The prices displayed on the website www.offcourses.net may be revised periodically. Prices can change without prior notice.
9.3 Price Errors:
If an obviously incorrect price is displayed (irrespective of the cause: bug in the IT system, manual error, technical error, etc.), the order, even validated by OffCourses-TSI, will be canceled, which the customer will be informed of as soon as possible. The customer can then reorder at the correct and revised price.
9.4 Promotional Codes:
Promotional codes are only valid within the limits of the offer and for the duration specified in the promotional communication. They are not exchangeable for cash or any other benefit of any kind.
9.5 Invoicing:
An invoice is established by OffCourses-TSI and sent to the customer by email.
10. Payment:
Payment is made online by credit card.
The online payment solution used by OffCourses-TSI is secured by SSL encryption to protect as effectively as possible all data related to payment.
The customer's account will be debited when the order is validated.
The online payment system used is that of the Crédit Agricole bank. It uses the SSL (Secure Socket Layer) security standard to guarantee maximum protection of payment data.
11. Delivery:
Deliveries are made to the address provided in the resort and specified by the customer when ordering.
11.1 Delivery Area:
OffCourses-TSI delivers to the main winter sports resorts.
For any delivery outside these areas, it is advisable to contact OffCourses-TSI to discuss the feasibility of the order and the costs associated.
11.2 Delivery Time:
Deliveries are made on Saturdays, the day of the customer's arrival at the resort.
For certain resorts with Sunday-Sunday stays or during specific holidays or weekends, specific delivery schedules are provided.
11.3 Delivery Costs:
Delivery costs are indicated on the website www.offcourses.net. They depend on the amount of the order.
For orders over €150, delivery is free.
11.4 Delivery Issues:
OffCourses-TSI cannot be held responsible for delivery incidents due to an incorrect or incomplete address provided by the customer.
In case of absence of the customer or the person responsible for receiving the order, the delivery will be left in front of the door.
If the driver cannot access the building or residence, they will contact the customer by phone.
11.5 Delivery Verification:
Upon delivery, the customer must check the conformity of the products received.
Any anomaly concerning the delivery (missing or broken products) must be notified on the delivery note with the customer's signature.
11.6 Delivery Errors:
The customer must report any delivery errors within 24 hours of receiving the order.
Beyond this period, no claim will be accepted.
The customer must make this claim by email and include the order number and photos.
12. Right of Withdrawal:
Pursuant to Article L.121-20 of the Consumer Code, the customer has a withdrawal period of 14 days from the receipt of the products to exercise their right of withdrawal without having to justify reasons or pay penalties.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow their remarketing as new, accompanied by a copy of the purchase invoice.
Products opened, damaged, or soiled by the customer are not taken back.
In case of exercise of the right of withdrawal, OffCourses-TSI will refund the customer the sums paid within 14 days following the date on which this right was exercised.
The customer will be informed by email.
Return costs are the responsibility of the customer.
13. Force Majeure:
The parties will be released from their obligations in the event of force majeure.
Explicitly, are considered as force majeure or fortuitous events beyond those usually retained by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts, or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal execution of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three months, the contract may be terminated without compensation for either party.
14. Data Protection:
The information provided by the customer is necessary for processing and delivering orders.
In accordance with the Data Protection Act, the customer has a right to access, rectify, and oppose personal data concerning them.
The customer may receive commercial offers from OffCourses-TSI. If they do not wish to receive such offers, they can notify OffCourses-TSI by email.
15. Claims:
In the event of a dispute, the original packaging must be retained until the resolution of the dispute. OffCourses-TSI advises the customer to inform the Customer Service within a maximum period of 48 hours from the delivery.
Customer Service can be reached by phone at +33 479.723.826 and by email at Customer Service info@offcourses.net:
Saturday from 9 am to 10 pm (only on delivery days)
Sunday (emergency service): a message should be left on the voicemail, which is regularly checked.
Monday to Friday from 8:30 am to 12 pm and from 1:30 pm to 4:30 pm.
OffCourses-TSI may send an expert to the customer's delivery location to validate or reject the conformity of the order.
In the event of an incident during delivery, the customer must contact OffCourses-TSI's Customer Service in the presence of the delivery person to report any damages that occurred during delivery. The customer must then, within 48 hours (after this period, no claims will be considered), confirm the incident by email to the Customer Service address. A representative from Customer Service will then contact the customer to establish any arrangements for repairing the damages.
OffCourses-TSI undertakes to respond to all requests or claims within a maximum period of 15 days from the date of receipt.
16. Intellectual Property:
By accessing the website created by OffCourses-TSI, which holds all intellectual property rights related to it, the customer agrees not to copy or download all or part of its content, except with the prior and express authorization of OffCourses-TSI.
17. Opposition to Telephone Solicitation:
In accordance with Article L.223-2 of the Consumer Code, the customer who provided their phone number during the online order has the right to register on the telephone solicitation opt-out list.
18. Exculpatory Clause:
In general, OffCourses-TSI cannot be held responsible for any event attributable to force majeure, the customer's actions, or the unforeseeable and insurmountable actions of a third party. OffCourses-TSI will be automatically released from all responsibilities in these cases.
19. Customer Relations Service:
For any difficulty that could not be resolved directly with OffCourses-TSI, the customer can:
Send an email to: info@offcourses.net
or, mail to OffCourses-TSI, located at 53 rue de Bramafan, 73230 Barby
or, call at: +33 479.723.826.
All requests and problems are taken into account and processed as quickly as possible after receiving the letter, email, or phone call by the recipient, who will try to find a solution.
20. Consumer Mediator:
In the event of a dispute, the customer will first contact OffCourses-TSI's Customer Service for an amicable solution. In accordance with Article L612-1 of the Consumer Code, the customer has the right to resort to the Consumer Mediator for the amicable resolution of a dispute that could not be resolved through a prior complaint directly filed with the Customer Service of OffCourses-TSI.
OffCourses-TSI is a member of the Consumer Mediation Service of the UMAP (Union des Métiers Alimentaires de Proximité) whose contact information is as follows:
The Center for Consumer Mediation of Conciliateurs de Justice (CM2CJ)
14, rue saint Jean - 75017 Paris
https://cm2c.net/
After the customer's prior written approach to OffCourses-TSI's Customer Service, the Mediator can be contacted for any consumer dispute that has not been resolved. To know the procedures for contacting the Mediator, click here.
In any case, the customer can also submit any possible complaints on the Online Dispute Resolution (ODR) platform provided by the European Commission by clicking here. The European Commission will transfer the complaint of the Member to the competent national mediators.
21. Applicable Law:
This contract is subject to French law. In the event of a dispute, the parties will favor an amicable resolution. In the case of a dispute arising from the execution of these general terms of sale, and failing amicable resolution with the Customer Service or the Consumer Mediator, the competent jurisdiction for a civil dispute is that of the defendant's place of residence (article 42) or that of the place of service provision (article 46), the court of Chambéry (73000).
Annex 1
STANDARD RETRACTION FORM
(To be completed and returned only if you wish to withdraw from the contract with the company Off Courses-TSI.)
To the attention of the company Off Courses-TSI - 53 rue de Bramafan - 73230 BARBY ‐ Tel.: +33 479.723.826 email address: info@offcourses.net
I/We () hereby notify/notifies () you of my/our () withdrawal from the contract for the sale of the item () / for the provision of the service (*) below:
Ordered on () / received on () (to be completed) …………………………………………………………………………
Name of the consumer(s): (to be completed) …………………………………………………………………………
Address of the consumer(s): (to be completed) …………………………………………………………………………
Signature(s) of the consumer(s) (only if this form is notified on paper):
Date: (to be completed) …………………………………………
(*) Delete as appropriate
