Terms and Conditions
Last Updated February, 2018.
Welcome to SPARTAN. We are passionate about creating innovative products and we are thrilled to have you on our team!
SPARTAN, a simplified joint-stock company registered under French law with a capital of 5,883 Euros (“SPARTAN,” “we,” “us,” or “our“), headquartered 105 rue Jules Ferry in Bagnolet (93170) provides a website located at spartanunderwear.com (the “Site“) in conjunction with third parties. SPARTAN is registered with the Paris Trade and Companies Register under number 818 869 489.
Please review these Terms & Conditions (“Terms“) carefully prior to using the Site. By using SPARTAN’s products (the “Product” or “Products“) and Site, you are agreeing to all the terms below. If you do not agree to these Terms, please do not use the Site and exit immediately.
We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Site, you agree to such terms and conditions, as well as these Terms.
The Terms apply between SPARTAN and any consumer visiting, purchasing, or using any information, documents, graphics, movies, features, and/or other services on the Site (the “Customer“).
Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personal information.
- Products & compliance
All features, content, products and prices of products described or depicted on our Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however SPARTAN does not incur any liability for error or omission on these descriptions.
SPARTAN doesn’t claim to diagnose, prevent or treat any disease or other health problems.
The product prices displayed on the Site are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
Free shipping cost for any order higher than 130 Dollars (price after all forms of rebate, reduction or other advantages and excluding delivery costs).
Prices are quoted in Euro with the exception of United States, Canada, Argentina, Australia, Bangladesh, Brazil, Chile, China, Hong-Kong, India, Japan, Mexico, Singapore and Vietnam where prices are quoted in Dollar.
The total price specified in the final check out screen includes tax and shipping costs. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
- Right to reject an order
Fulfillment of all orders on the Site is subject to availability. We explicitly reserve the right not to accept your order for any reason or to cancel one by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order you placed:
– the product is not available anymore ;
– your billing information is not correct or not verifiable;
– we have reason to believe that you are a reseller;
– there was an error in the price displayed on the Site;
– we could not deliver to the address provided by you;
– due to an Event Outside Our Control (see art. 10 below); or
– in the event of misspelling, pricing or other errors or mistakes in the Site information.
In the above-mentioned situations, SPARTAN will contact the Customer by email.
- Placing an order on the Site
Find the products you want, choose a color, a size and a pack before adding it to your shopping cart. Before completing your order, a message containing a link will allow you to read directly these Terms. Select a delivery address and a billing option. Please review your order before proceeding to checkout. Receive an online order acknowledgment.
When you submit an order we will send you an email acknowledging receipt of your order. This does not mean that we have accepted your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”).
If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.
Customers can either pay their order by credit card (Visa, Mastercard or American Express) or Paypal.
If you pay by credit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. Payments can only be processed if the billing information can be verified. We retain title in any Product(s) until we have received full payment for such Product(s).
The payment solution used by SPARTAN is 100% secure. The secure platform proposed on the online store is STRIPE. STRIPE platform complies with regulations concerning credit cards remote and online payments.
The Products are delivered to the address provided by the Customer when ordering. The Customer must ensure that he provided accurate and complete information regarding the delivery address.
SPARTAN delivers its Products in France and in most countries of the world. Details about delivery times indicated on the Site before placing an order are not binding. SPARTAN cannot be held responsible for consequences due to delayed delivery.
- Inspection upon delivery
Upon delivery, the Customer must inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
The customer must check the conformity of Products. In case of any anomaly concerning the Product, the customer must notify SPARTAN within 24 hours from receipt. After this period, SPARTAN disclaims any responsibility.
- Taxes and customs duties
Each order that comes through the Site may be subject to the taxes and customs laws that are in place when the parcel reaches its destination. SPARTAN will not refund customs duties and sales taxes for orders sent to destinations outside of the European Union.
- Right of withdrawal, return and refund policy
Legal fourteen day cooling off period. In accordance with article L. 221-18 et seq. of the French Consumer Code, when applicable, the Customer has fourteen calendar days, beginning the day after receipt of a product by him or by a third party other than the carrier and indicated by the Customer, to cancel the Customer’s purchase without giving any reason and without penalty or any cost of return. These are taken care of by SPARTAN. At the end of this 14 days period, the Customer can no longer exercise his right of withdrawal.
The Customer must return the cancelled items to SPARTAN no later than 14 days from the day on which he has notified his decision to cancel the order.
The product shall be returned in its original packaging, in perfect condition along with the delivery receipt to the address provided by the customer service and following the instructions given by the customer service.
Any Products that are damaged, incomplete, used, worn, washed, soiled or returned with a damaged original packaging will not be taken back or exchanged by SPARTAN. If the seal and/or the tags affixed to the Products are broken or removed, SPARTAN may also not take back the Products.
The Customer shall use the Product Return Form, available on the Site, to return the Product to the following address:
SPARTAN chez NEOLYS
Parc d’activités de Parisud 1
Zone privée de logicor/garonor quai 607
Refund policy. The Customer will only obtain a refund of the Products under this Article if he proves that the Product has been returned. The Customer shall therefore return the product in a way allowing the written proof of the date of return. SPARTAN will refund the price paid at the time of order (including the initial shipping fees) in case of return of the entire initial order.
SPARTAN will process the refund due to the Customer at the latest within 14 days following the delivery of the cancelled Products.
- Retention of title
SPARTAN shall retain ownership of the Products until full settlement of the price by the Customer. The payment is effective when the money is actually received by SPARTAN.
The Products will be at the Customer’s risk (e.g. risks of loss, theft, deterioration) from the time of delivery.
- Warranty and liability
The Products sold on the Site are subject to the terms of French legal warranties provided for in Articles L. 217-4 et seq. of the French Consumer Code and in articles 1641 and 1649 of the French Civil Code to the exclusion of all and any other warranties:
French legal warranty of conformity. SPARTAN shall deliver to the Customer products which conform to the contract and are exempt of any lack of conformity at the time of delivery, in the sense that the Products shall be of satisfactory quality and fit for the purpose for which goods of the same type are normally used and comply with the specifications agreed on at the time of the acceptance of the order.
This warranty shall only take effect on condition that the Customer requests it within two (2) years of delivery of the product. Any lack of conformity which emerges within twenty four (24) months of the delivery date is presumed to have existed at the time of delivery, unless there is evidence to the contrary;
French legal warranty against hidden defects: SPARTAN shall deliver to the Customer products which are exempt of any hidden defects which render them unfit for the use for which they were intended, or which so impair that use that the Customer would not have acquired them, or would only have given a lesser price for them, had he known of such defects. This warranty shall only take effect on condition that the Customer requests it within two (2) years of detecting the defect.
In all cases it is the responsibility of the Customer to prove that he duly fulfils the conditions of the warranty.
- Limitation of liability
SPARTAN will not be liable for:
– any damages suffered as a result of the use of electronic communications, such as a breach in service, outside intrusion or the presence of a computer virus;
– any inability to contact the customer service;
– any inability to access or use the Site for any reason;
– losses that are not the result of a direct error on the part of SPARTAN, in particular in the event of fault of the Customer or in the event of an unforeseeable and insurmountable fact of a third party to the sale contract;
– the non-performance of the contract in case of force majeure as described in Article 16 below.
The maximum reimbursement of the above damages will be the purchase price of the Products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products. SPARTAN doesn’t claim to diagnose, prevent or treat any disease or other health problems. Therefore, SPARTAN shall not be liable for the medical inefficiency of its Products.
- Personal Data
In compliance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004, the Customer has a right of access, rectification and deletion on all the data entered into the Site by carrying out his claim and proof of identity. To exercise this right, the Customer must send a letter with that purpose to the following email address: firstname.lastname@example.org or by mail to the following address: SPARTAN SAS, 105 rue Jules Ferry, 93170 Bagnolet.
SPARTAN collect and store information that you provide to the Site.
Personal data can be transmitted to third parties without the prior consent of the Customer, if the disclosure is legally required or necessary (for example, at the request of the police force, judiciary and other bodies).
The Customer accepts, by making orders through the Site, to receive promotional emails from SPARTAN and/or from SPARTAN’s partner firms. The Customer is able to stop receiving such promotional emails by clicking on the link provided for that purpose at the bottom of each email, or by sending a mail to the following address: SPARTAN SAS, 105 rue Jules Ferry, 93170 Bagnolet.
This Site is the subject of a declaration before the National Commission for Information Technology and Civil Liberties (CNIL), which issued the receipt n° 2102267 v 0 on September 25th, 2017.
- Intellectual Property Rights
You must not use, download or modify any illustrations, photographs, video or audio sequences of the Site. You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from SPARTAN.
SPARTAN is the holder of all copyrights on the content of the Site. All its trademarks, including SPARTANÒ and the WaveTechÒ Technology, logos, domain names, downloadable documents, graphics, videos and all distinctive signs shall be considered as intellectual works on which SPARTAN owns all intellectual property and commercial rights.
Any representation, reproduction, disclosure, distribution, translation, diffusion, modification, transcription, whether partial or complete, in any manner whatsoever, is strictly prohibited without SPARTAN’s prior express authorization. Any reproduction and/or representation of the Site requires the express prior consent of the SPARTAN. Such authorization request shall be addressed to: SPARTAN SAS, 105 rue Jules Ferry, 93170 Bagnolet.
Any unauthorized use is an infringement sanctioned by law.
- Force majeure
SPARTAN will not be liable or responsible for any failure to perform, or delay in performance of, any of SPARTAN’s obligations caused by events outside of SPARTAN’s reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond SPARTAN’s reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.
SPARTAN will inform the Customer by email within fifteen (15) days of such Force Majeure Event. SPARTAN’s performance under the Terms is deemed to be suspended for the duration of that period. If the Force Majeure Event continues beyond this time period, the Customer will have the right to cancel the pending order. The Customer will be reimbursed under the conditions set out in Article 10.
- Severability of clauses
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Applicable Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of France, without regards to any principles of conflicts of laws rules.
In the event of any disputes resulting from the order or the delivery of the Products sold through the Site, the Customer shall contact first SPARTAN by sending an email to the following address: email@example.com. If no satisfactory response is received within 72 hours, the Customer shall confirm his claim by sending a registered postal letter (with an acknowledgement of receipt) to the following address: SPARTAN SAS, 105 rue Jules Ferry, 93170 Bagnolet.
If no reply is received within two (2) months or if the reply is unsatisfactory, the Customer shall have one (1) year from this claim to complain to a French consumer ombudsman, by email or mail.
If no amicable settlement is reached, the Courts of Paris, France have exclusive jurisdiction.