General conditions of sale

These general conditions apply to the distribution of our articles in mainland France.

Please read these terms carefully before placing an order with us. These terms contain everything you need to know to shop with us. If you identify a potential error in these terms, please let us know. We may revise these terms and conditions without notice by posting the revised version on our website. The terms and conditions posted on the website or app at the time you place your order will govern your purchase.

1 Who are we and how to contact us?

1.1 Who are we? We are Etacarina, a French company. Our head office is Rue de Rivoli, 75000 Paris, France

1.2 How to contact us? You can contact us by following the instructions on the page etacarina/contact.

1.3 How can we contact you? If we need to contact you, we will send you an email to the email address you provided when you placed your order.

2 Place an order

2.1 How to order? Orders are placed on our website or app. Once you have added the desired item(s) to your cart, you will go through our checkout process where you will need to enter your contact details, as well as your shipping and billing addresses. Please double-check the details of your order (e.g. the item(s), their size and shipping address) before clicking the “complete order” or “pay now” button.

2.2 Acceptance of your order . Your order constitutes an offer to purchase the item(s) in your shopping cart. After you place an order, you will receive an email from us confirming that we have received it. Your order is formally accepted when you receive an email from us confirming that we have dispatched your order. At this point, a contract is formed between you and us. When we acknowledge receipt of your order, we will also confirm your order number. If you need to contact us about your order, you will need to quote this number.

2.3 Restrictions on placing orders . To order our items, you must be at least 18 years old and authorized to use the payment method you use to pay for the items you order. If you are under 18, you may only place an order with the involvement of a parent or guardian.

3 Our rights to cancel your order

3.1 If we can't fulfill your order . In the unlikely event that we can't fulfill your order (e.g., because the item is out of stock, we couldn't verify the billing information you provided, or you requested delivery to a country we don't currently ship to), we'll notify you by email and we won't charge you for the item.

3.2 Unusual or Suspicious Activity . We provide our items to you for your personal use only. We may cancel an order if we notice anything unusual or suspect that our items are being used for commercial or resale purposes. If this happens to you and you believe we have made a mistake, please contact our customer service team via our online form on the page etacarina/contact and/or through the support section of our app.

3.3 Suspension of distribution of articles . We may be required to suspend the distribution of an article for:

3.3.1 remedy technical problems or make minor technical adjustments;

3.3.2 update the Article to reflect changes in applicable laws and regulatory requirements; and/or

3.3.3 make any changes to the Article that we have notified you of.

4 Our articles

4.1 Our offer . We provide fitness equipment, including clothing and accessories.

4.2 Descriptions of our items . The photos of our items (and packaging) on ​​our website and app are for illustrative purposes only. We do our best to ensure that the colours displayed on your screen are accurate, but we cannot guarantee that a device's display of colours accurately reflects the colours of our items.

4.3 Gift Cards . You can purchase a gift card (in the form of a digital code) from us in the same way as any of our other items, however:

4.3.1 you may not purchase a Gift Card using another Gift Card as a means of payment;

4.3.2 Gift Cards are valid for 12 months from the date of purchase; and

4.3.3 Gift Cards can only be redeemed on the local online store from which they were purchased (for example, Gift Cards purchased on etacarina.shop, or on our localized France App, and they can only be redeemed on the etacarina.shop store or on our localized France App).

5 Delivery

5.1 Delivery destination . These general conditions apply to our deliveries in mainland France.

5.2 Delivery costs . All information regarding our delivery costs in metropolitan France is available

5.3 Additional Charges . Any customs duties or other additional fees or charges applicable to your order are your responsibility and are not included in the delivery costs.

5.4 Delivery times . The delivery time depends on the delivery method you select during the order process.

In any case, If the items are not delivered within 14 days of the delivery date we have indicated to you, for any reason other than an unforeseeable and insurmountable event attributable to a third party to the contract or a case of force majeure, the contract may be terminated upon written request from you, under the conditions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. We will refund the price you paid for the items (including delivery costs, if applicable) within 14 days of the date of termination of the contract. Provided that we have complied with this clause, you are not entitled to any other compensation for late delivery.

5.5 We are not responsible for delays caused by force majeure . If delivery of the items is delayed due to an unforeseeable and insurmountable event attributable to a third party to the contract or force majeure, we will inform you as soon as possible, and if there is a risk of significant delay, you may contact us to cancel your order and we will refund you for any items you have paid for but not received.

5.6 If you are not there when the item is delivered . If no one can receive the order and the package does not fit through your mailbox, the carrier will inform you of the delivery attempt and tell you how to reschedule the delivery or collection of the package.

5.7 The transfer of risk of loss or damage to the goods occurs at the time you take physical possession of the goods.

6 Your rights to terminate the contract

6.1 You can end your contract with us at any time . Your rights when you end the contract depend on what you have bought, whether there is a problem with your goods, our performance of the contract, and when you decide to end the contract, as set out below. We have a legal duty to supply goods that comply with this contract and nothing in these terms affects your rights under the law.

6.2 If an item you have purchased is faulty or materially different from its description on our website or app , you have a legal right to cancel the contract (or obtain a replacement item or a refund), subject to the statutory guarantees described below.

6.3 If you wish to end the contract, or cancel your order, for any of the reasons set out below , the contract or order will be ended immediately. If we have already charged you, we will refund you in full for any items you have paid for but not supplied to you. You may end your contract for the following reasons:

6.3.1 we have informed you of an upcoming change to the Article or these Terms that you reject;

6.3.2 we have informed you of an error in the price or description of the item you ordered, and you no longer wish to order it;

6.3.3 we have informed you that delivery of the items may be significantly delayed due to events beyond our control;

6.3.4 we have suspended the distribution of the Articles for technical reasons, or we inform you that we are going to do so, for a period of more than four weeks; or

6.3.5 you have a legal right to end the contract because of a breach by us.

6.4 You benefit from the following legal guarantees, as of right and without additional costs. We are responsible for defects in conformity of the articles in accordance with the provisions of Articles L. 217-4 et seq. of the French Consumer Code and for hidden defects in accordance with the provisions of Articles 1641 et seq. of the French Civil Code.

When you invoke the legal guarantee of conformity:

- you have 2 years from delivery of the product to do so;

- you can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; and

- you are exempt from providing proof of the lack of conformity of the product during the 24 months following delivery of the product.

The legal guarantee of conformity applies independently of the commercial guarantee that we may grant.

You may decide to implement the hidden defects warranty of Article 1641 of the French Civil Code, in which case you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

6.5 If you have changed your mind about the item . We offer a commercial guarantee which gives you 30 days (unless otherwise stated on our website or app) to change your mind and request a refund instead of the standard 14 days (which does not affect your rights in relation to faulty items). In the event that you wish to change your mind, you have 30 days (unless otherwise stated on our website or app) from the day on which you (or someone you nominate) receive the goods. If your goods are delivered in instalments on different dates, and you wish to change your mind, you have up to 30 days (unless otherwise stated on our website or app) from the day on which you (or someone you nominate) receive the last delivery.

6.5.1 swimwear, underwear, bottles and shakers due to health, safety and hygiene standards;

6.5.2 products sealed for health protection or hygiene purposes (e.g. socks) which have been unsealed after receipt or which are not in their original packaging or from which the label or hygiene sheet has been removed;

6.5.3 custom-made or personalized products;

6.5.4 any product that has been damaged, worn, used in any way or had the care label cut and/or removed;

6.5.5 any product which is missing one or more parts when returned by you (unless this is due to an action on our part); and

6.5.6 any product which is inseparably mixed with other items after their delivery.

6.6 In all other cases (if we are not at fault and there is no right of withdrawal). Even if we are not at fault and you do not have a right of withdrawal, you can still cancel the contract before the goods are delivered and paid for. Simply contact us to let us know.

7 Returns and Refunds

7.1 Inform us that you wish to end the contract . To end the contract between us, ask us questions or in the unlikely event that you have a complaint about the item, contact our customer service via our online contact form available at gymshark.com/contact, via chat, the support section or by using one of the other contact options offered on our website or app. Please provide your name, delivery address, order number and email address so that we can help you quickly and easily.

7.2 Returning items after ending the contract . If you end the contract for any reason after items have been sent to you or you have received them, you must return them to us. The process for returning items is set out in our Returns Policy. Visit our returns portal on the page on our app , enter the required information (including details of the item(s) you are returning and the reason(s) for the return) and follow the relevant instructions, including (if specified) printing a returns label. You do not need to provide a reason for exercising your right of withdrawal. You must then drop off the parcel containing the item(s) you are returning (ensuring that the returns label is securely attached) at one of the collection points we offer. If you are exercising your statutory right of withdrawal, you must return the items to us within 14 days of the date on which you inform us of your intention to cancel the contract. If you are exercising your right of withdrawal under our commercial guarantee, please return the items to us within 14 days.

7.3 How and when will you be reimbursed? We will refund the price you paid for the items (including delivery costs, if applicable) to the payment method you used to make the purchase. For purchases paid for partly by credit card and partly by gift card, the refund will be made to the gift card first. If you used a discount code to purchase the item, the amount refunded will be reduced by the amount of the discount you received when purchasing the item. We will process any refunds due to you as soon as possible. If you exercise your right of withdrawal, your refund will be made when we receive the unused item back from you or, if earlier, when you send us proof that the unused item has been returned to us.

8 Our rights to terminate the contract

8.1 We may end the contract if you breach it . We may end the contract for an item at any time by writing to you if:

8.1.1 you fail to provide us, within a reasonable time of our request, with the information we need to supply the items, for example, the delivery address; or

8.1.2 you fail to allow us, within a reasonable time, to deliver the items to you.

8.2 Refunds . If we end the contract in the circumstances set out in clause 8.1, we will refund to you the amount you paid to us for the items we did not provide.

9 Price and payment

9.1 Where can I find the price of the item? The price of the item (which includes VAT) is the price shown on the order pages when you placed your order. We take care to check that the price shown for the item is correct. However, if there is an error in the price of the item you are ordering, clause 9.4 will apply. In all cases, before payment, the price shown will include any additional charges that we can reasonably calculate in advance (delivery costs, etc.).

9.2 We will pass on changes to the VAT rate . If the VAT rate changes between the date you place your order and the date we supply the item, we will adjust the rate of VAT you pay, unless you have already paid for the item in full before the change in the VAT rate takes effect.

9.3 We may revise the price of our items . Sometimes we need to revise the price of some of our items. In this case, we will update the prices on our website and app. If you ordered an item before the price revision, the price will be as stated on our website or app (as applicable) at the time you placed your order.

9.4 Mispricing . Despite our efforts, it is always possible that some of the items we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the item's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order and there is a clear and unmistakable mispricing which could reasonably have been recognised by you, we may end the contract, refund you any amounts paid by you and require the return of any items supplied to you.

9.5 When and how to pay? We accept Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until the items are shipped, although the price due for the items may appear as a "transaction in progress" on the statement of the card or account you use.

10 Promo Codes

10.1 From time to time, we will publish promotional codes (“Codes”) via email or other marketing channels. These Codes will apply a discount to a new order on etacarina.shop. To apply a Code, please enter it (and remember to click “Apply”) in the specified place during the checkout process.

10.2 Please note that:

10.2.1 Codes are valid for a limited period as stated in the relevant email or marketing communication. They cannot be used outside of this period.

10.2.2 Unless otherwise stated in the relevant email or marketing communication, codes are only valid on full-price items and cannot be used on sale, over-the-counter or promotional items, or to purchase gift cards.

10.2.3 You can only apply one code per order. Codes cannot be used in conjunction with other offers and are not available to Etacarina staff or its group companies.

10.2.4 Codes are territory or store specific, cannot be redeemed for cash and are not transferable.

10.2.5 Codes cannot be applied to shipping costs.

10.2.6 Returned items will be refunded at the discounted price paid (with the discount being applied proportionately between the goods). Where a qualifying spend is incurred in connection with the use of a Code, if any items purchased using that Code are subsequently returned to us, bringing the amount spent below any qualifying level, the value of the promotional offer may be deducted from any refund. This does not affect your statutory rights. No discount will be applied to any items subsequently replaced.

10.2.7 Orders are subject to stock availability and our acceptance. We reserve the right to refuse to accept orders where, in our opinion, a Code is not valid for the order placed or is subject to improper use or fraudulent activity.

10.2.8 We reserve the right to withdraw, modify or extend offers at any time upon reasonable notice.

10.3 Offer-specific terms and conditions are provided with each Code. For specific information relating to that Code, please refer to the email or marketing communication in which it appears.

11 Our liability for damage suffered by you

11.1 We are responsible to you for any foreseeable loss we cause . If we fail to comply with these terms, we are responsible for loss you suffer that is a foreseeable result of our breaking this contract or our negligence, but we are not responsible for loss that is unforeseeable. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your statutory rights in relation to the goods (including the right to receive goods which are as described and as described to you, are of satisfactory quality, fit for any particular purpose of which we were informed, and supplied with reasonable care).

11.3 We are not liable for any commercial damages . We supply the items for private use only. If you use the items for commercial or resale purposes, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

12 How we may use your personal data

How may we use your personal data? We will only use your personal data as set out in our Privacy Statement.

13 Other important conditions

13.1 We may transfer this contract to a third party . We may transfer our rights and obligations under these terms to another company. If we plan to do this, we will contact you to let you know. If you do not agree to the transfer, you may contact us to end the contract within seven days of the day on which we tell you about it, and we will refund any payments you have made in advance for items not provided.

13.2 You must obtain our consent to transfer your rights to a third party . You may transfer your rights or obligations under these Terms to a third party only with our written consent.

13.3 No third party has any rights under this Agreement . This Agreement is between you and us. No third party has any rights to enforce any of its terms.

13.4 We may change these terms at any time . We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most recent version of our terms will always be posted on our website and/or app; please check them before ordering any items to see if there have been any changes since you last visited our website or app.

13.5 If any part of the contract is found by a court to be unlawful, the rest of the contract will continue in full force and effect . The provisions of these conditions are severable. If any court or competent authority finds any of them to be unlawful, the other provisions will remain in full force and effect.

13.6 Even if we delay in enforcing this contract, we can still enforce it later . If we do not require you to do anything you are required to do under these terms immediately, or if we delay in taking steps against you in relation to your breach of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7 Extended Producer Responsibility (Triman) . As part of our objective Wear more, waste less, and in order to comply with national requirements, we have registered with the French Recycling Compliance Program. Our membership numbers (UIN) are FR283145_01EGOR (packaging) and FR337707_11GBFA (textiles).

13.8 Law applicable to this contract and competent jurisdiction . These conditions are governed by English law, subject to the mandatory provisions of French law, and you may bring legal proceedings in respect of the items in the English or French courts.