GENERAL TERMS AND CONDITIONS
Last Updated: November 6, 2023
The purpose of these general terms and conditions (referred to as "the terms") is to regulate the contractual relationships between:
- The company S.A.S. i-Run, a French company in the legal form of a "société par actions simplifiées" according to French law, specializing in the online sale of sports and nutrition articles via the internet, registered in the Trade and Companies Register of Toulouse under number B 443 158 860, located at 101 avenue de l'Europe, Eurocentre / Bat A - Cellule 3, 31620 Castelnau d'Estrétefonds, represented by Mr. Emmanuel VIDAL in his capacity as President, owner of the website www.i-run.com, referred to as "the Seller," "i-Run," "the Website," "www.i-run.com," or "the i-Run Website." i-Run S.A.S. Phone: (+49) 021154553277 Email: email@example.com
- On the other hand, any legal adult person, who either on their own behalf or through a parent, guardian, assistant, or legal representative residing in Germany, wishes to make a purchase through the website "http://www.i-run.com," or for any other purpose related to a business or professional activity. Hereinafter referred to as "the Customer," "the Buyer," "the Client," or as part of the "Parties."
i-Run reserves the right to change or adjust these general terms and conditions at any time and without prior notice, especially to ensure compliance with applicable legal and regulatory provisions.
The customer is requested to regularly consult these conditions and before placing an order. The general terms and conditions that are valid on the day the order is confirmed by the customer will apply to each order.
1.DEFINITION OF TERMS
- "Customer" is a natural or legal person who acts for purposes not related to their commercial, industrial, artisanal, or professional activity and with whom i-Run enters into a contract or to whom i-Run sells products.
- "Order": refers to any request from the customer to purchase products through the i-Run website and thereby initiate a purchase contract via the i-Run website.
- "Delivery": the transfer of the product(s) purchased through this website by i-Run to the customer, whether by postal delivery, direct delivery to the customer, delivery to a third party designated by the customer, or to a shipping service named by the customer.
- "Product(s)/Item(s)/Goods": refers to all sports, nutrition, and accessory articles offered for sale by i-Run on the website www.i-run.com and which constitute the subject of the purchase contract concluded between i-Run and the customer through the order.
- "Website": The website referred to in these general terms and conditions is "https://www.i-run.com."
- "Sale/Order/Purchase": denotes the purchase contract between i-Run and the customer or the transfer of ownership between i-Run and the customer, exclusively done through the i-Run website.
These terms and conditions regulate the rights and obligations of i-Run and the customer who wishes to acquire the goods offered for sale by i-Run via the website www.i-run.com. The sales transaction and all its modalities, such as purchase, payment, delivery, withdrawal, and guarantees between the parties, are governed by the provisions of these General Terms and Conditions. The customer using the website http://www.i-run.com expressly acknowledges having read and unconditionally accepted these terms and conditions before placing an order.
3.1 : Language
The language in which orders can be placed on the i-Run website is English.
3.2 Identification - Customer Registration
The customer can only place an order on the i-Run website after clearly identifying themselves. To do so, they must fill out the form provided, containing the necessary details for their identification: first name, last name, phone number, email address, billing and shipping address, and password. To place an order, the customer must identify themselves by entering their email address and password.
3.3 Order Processing Stages
Each product offered on the website has a product sheet, photos, price details, and the main technical characteristics. The customer is solely responsible for selecting and using the products. The customer can request additional information about the product's features and its use from i-Run.
The customer can place an order by selecting the products available on the i-Run website, adding them to their cart, and clicking the "Order" button. The customer can view their cart at any time before completing the order and modify it by clicking the "My Cart" button. To place an order, the customer must be identified and registered on the i-Run website.
After the customer has selected the products they wish to purchase, reviewed the content of their order, and accepted the General Terms and Conditions, they can finalize their order by clicking the "Order" button. Subsequently, the necessary payment information must be entered.
The confirmation of the order is considered final and binding for the parties only after the customer has paid the price for the order and i-Run has confirmed the order. Once the customer confirms the order, i-Run sends a confirmation email to the email address provided by the customer. The confirmation email includes a summary of all information about their order (ordered products, order value, delivery address) and represents the purchase contract between the parties. Until proven otherwise, all information collected by i-Run, marked simultaneously in the confirmation email, constitutes evidence of the order and its details (type of order, content, price, and date). To prevent fraud, i-Run reserves the right to request all documents from the customer necessary to verify their personal data and/or payment methods.
In accordance with Law No. 2004-801 of August 6, 2004, on the protection of individuals with regard to the processing of personal data and amending Law No. 78-17 of January 6, 1978, on data processing, files, and freedoms, the customer can exercise their rights of access, rectification, objection, and deletion of information concerning them by notifying i-Run at the following address: i-Run 101 Avenue de l'Europe, Eurocentre / Bat A - Cellule 3 31620 Castelnau d'Estretefonds, France
4.AVAILABILITY OF PRODUCTS
If a product is wholly or partially unavailable, i-Run will promptly inform the customer via email. The price of the ordered product will be refunded to the customer within 14 days of the order.
The prices indicated on the i-Run website are in Euro (€) and include all taxes. They take into account the discounts granted by i-Run, as well as the amount of value-added tax applicable on the day of order confirmation by the customer.
i-Run reserves the right to change its prices at any time and without prior notice. Changes in taxes, levies, or contributions may affect i-Run's sales prices and alter them.
The price invoiced to and payable by the customer is the one marked on the day of the final confirmation of the order. The price to be paid cannot be changed after the order has been confirmed by the customer. For information purposes, i-Run provides the manufacturer's recommended price alongside the selling price of each product.
6.1 Total Amount
The total amount to be paid by the customer is indicated before the order confirmation in the order overview and in the confirmation email sent to the customer.
6.2 Payment Methods
The customer can pay for their orders using credit or debit cards (Visa, Visa Electron, MasterCard, Eurocard), and PayPal. Other payment methods not mentioned in these General Terms and Conditions are not accepted. An order is shipped upon receipt of payment. The payment of each customer is transmitted to i-Run's bank located in France. I-Run reserves the right to request proof of identity and proof of residence from its customers to confirm their payment, especially in the case of installment payments. According to Article 5, paragraph 1 (c and e) of the GDPR, all data contained in an ID card shall not be stored for longer than necessary. They must be deleted immediately upon the fulfillment of the purpose. An exception is the storage for the purpose of personal identification for merchants. According to § 8 paragraph 2 of the GWG (Money Laundering Act), the necessary identification of the actors involved in a transaction is possible, among other things, by presenting the ID card. The payment process is protected by the SSL (Secure Socket Layer) encryption system, an encrypted system that encrypts your confidential data and transmits it directly to the Crédit Mutuel bank so that it cannot be intercepted by third parties. In accordance with current legislation, i-Run does not store customers' bank data. It is the customer's responsibility to save and print the payment receipt if they wish to retain the transaction details.
6.3 Payment Options: Installments at No Extra Cost
i-Run offers its customers the opportunity to pay for their purchases in 2 or 3 interest-free installments. For a purchase amount of 100 euros, the customer can choose to pay in 2 interest-free installments. With this payment option, the first half of the order value is debited from their payment method on the day of the order, and the second half is debited on the same date of the following month. For purchases of 200 euros or more, the customer can opt for payment in 3 interest-free installments. The first third of the order value is debited from their payment method on the day of the order, and the remaining two-thirds are debited on the same date of the subsequent 2 months. If the customer's bank refuses the payment, i-Run reserves the right to suspend the execution and delivery of the order at any time. This suspension remains in effect until the full payment of the amounts owed by the customer. In cases where disputes have arisen between the customer and i-Run regarding the return or payment of previous orders, i-Run reserves the right to reject or cancel any order from that customer. i-Run generally requests proof of identity or residence from its customers for installment payments.
6.5 Retention of Title
Until the customer fully pays for an order, i-Run remains the unconditional owner of the ordered products.
The products purchased on the website are delivered to the customer's address or the delivery address specified by the customer when placing the order via an international shipping service.
7.1 Place of Delivery
Orders on www.i-run.com are delivered exclusively within Netherlands. Our shipping partner is DPD. Orders on www.i-run.fr can be delivered to the following countries: France (including Monaco, Corsica, and the French overseas territories), Belgium, Switzerland, Luxembourg, Denmark, Spain, Italy.
Orders on www.i-run.es are exclusively delivered within Spain (mainland only). For the delivery of an i-Run order to Switzerland, we ask our customers to make their purchase on https://www.i-run.fr. The shipping costs for a delivery to Switzerland are 10.00€ (via Colissimo, delivery time approximately 3 working days). Additional customs fees arising upon import are the responsibility of the buyer. The amount of customs fees depends on the ordered product and the current regulations of the customs authority. When exporting an order delivered in Germany to Switzerland, i-Run does not refund VAT.
7.2 Delivery Methods and Times
The seller undertakes to process orders within 24 hours on working days. All purchases made before 14:00 will be handed over to the shipping service on the same day. Purchases made after 14:00, on weekends, or holidays will be handed over to the shipping service on the next working day. The delivery time is 2 (max. 3) working days*. i-Run covers the shipping costs for orders over 90€. Delivery is carried out by the international shipping service Chronopost / DPD to the customer's address or the delivery address specified by the customer when placing the order. Permission to leave: If the recipient allows a delivery service to leave parcels at a preferred location, the risk of loss and theft is transferred to the recipient. If the parcel is not found at the designated place, the recipient is liable for any potential loss unless they can prove that the carrier did not leave the parcel at the agreed location (e.g., through video surveillance). At i-Run, we recommend granting permission to leave only when customers know their parcel deliverer and trust them or when the drop-off location is not visible to passersby. In rare cases, parcels have been falsely logged as delivered even if they were not. The recipient can only transfer liability for the loss of such a parcel to a third party in exceptional cases, e.g., with the aforementioned evidence through video surveillance. Online shops are not liable if the recipient has allowed permission to leave. All orders can be tracked by the customer in their customer account on www.i-run.de or via the link sent to the email address provided by the customer.
7.3 Delayed Delivery
In case of a delivery delay, i-Run commits to promptly notify the customer and provide the new estimated delivery date. If the customer has not received their order within 7 working days from the delivery date provided by i-Run, they have the option to withdraw from the purchase contract. In this case, the customer is required to inform i-Run by email, phone call, or letter about their decision. The purchase contract is terminated when i-Run is informed of the customer's decision to withdraw from the purchase contract. The customer can only withdraw from the purchase contract if the order has not been delivered within 7 working days after the indicated delivery date. The customer cannot withdraw from the purchase contract if the delivery delay is due to unexpected circumstances according to the jurisprudence of French courts. Once the customer withdraws from the purchase contract in line with the conditions described above, i-Run refunds the customer the order value within 14 days after the notification.
7.4 Lost Parcel
In the event of a lost parcel, i-Run will work with the shipping service to find the parcel. If the parcel is found, it will be immediately sent to the customer. If the order cannot be found, i-Run will refund the customer the amount within 14 days after being informed of the parcel's loss.
If an order has not been delivered, the customer is requested to contact i-Run by phone at 030 98289939 (local call rate) or via the contact form on www.i-run.com. Subsequently, i-Run will get in touch with the shipping service responsible for the delivery to arrange a new delivery date. i-Run will promptly inform the customer about the newly agreed delivery date and all delivery details. If it is not possible to agree on new delivery conditions and the customer does not receive their order, the order value will be refunded within 14 days after i-Run is informed about the non-delivery.
7.6 Damaged, Faulty, or Non-Conforming Product
Despite all care taken by the seller in preparing and checking orders, some orders may be incomplete or contain damaged, faulty, or non-conforming products. If a customer receives damaged, faulty, or non-conforming goods, they can refuse the delivery or exercise their right of return by timely sending back the goods. The customer is requested to inform i-Run about the defects or non-conformity of the goods. They have a period of 30 working days from the delivery date to notify i-Run of their withdrawal. The customer can exercise their right of return by returning their order along with the return form to i-Run. The items must be returned in perfect and unused condition, with all labels, accessories, documents, and in the original packaging. Clothing should not be tried on outdoors. Intimate clothing such as underwear should only be tried on over the customer's own underwear. If a product is found to be faulty, damaged, or non-conforming after use outdoors and/or during sporting activities, the customer is entitled to an exchange for the same product without defects (if available) or a credit of the order value in the i-Run customer account. i-Run covers the return costs. Once the i-Run customer service receives the returned items, they will inform the customer. The refund of all payments received will be processed immediately and within a maximum of 14 days after our customer service receives the return.
8. RIGHT OF WITHDRAWAL / PRODUCT RETURNS
The customer generally has the right to return the ordered goods within 30 days after purchase without specifying reasons.
According to Article L.121-21-8 of the Consumer Protection Law, the right of withdrawal does not apply in the following cases:
- Products liable to deteriorate rapidly.
- Perishable products not suitable for return due to health or hygiene reasons or if opened after delivery.
Should the customer wish to exercise their right of return, they are requested to inform i-Run. The return form is available for this purpose and should be sent back to i-Run after completion.
The customer will receive an acknowledgment by email for their withdrawal.
The products must be returned to the following address: i-Run, 101 avenue de l'Europe - Eurocentre / Bat A - Cellule 3 31620 Castelnau d'Estretefonds, France
i-Run refunds the full purchase price to the payment method used during the order within 14 days after receiving the customer's withdrawal request. The refund might be withheld until i-Run receives all items.
The returned product must be in perfect condition and complete. It should be returned with all accessories, labels, documents, instructions, and in the original packaging.
i-Run only exchanges defective goods. If the product doesn't fit, the customer can use their credit or refund for a new order.
Refund with interest-free installment payment: If an order comprises a single item that is returned to i-Run, i-Run refunds the already paid installment within 48 hours after the order's withdrawal to the payment method used during the order. If an order contains multiple items and the purchase of part of this order is withdrawn and returned to i-Run, the refund for the returned item(s) occurs once the total amount of the order has been paid. If a discount or promotional code was applied during purchase, it will be re-credited to the customer's account.
Currently, please be aware that customers are responsible for all return costs.
According to the current legal and administrative regulations, all orders are subject to the legal conformity guarantee under Article L 217-4 et seq. and the guarantee for hidden defects under Article 1641 et seq. of the French Consumer Protection Law.
9.1 Legal Conformity Guarantee
- The seller must deliver goods in accordance with the contract and is liable for conformity defects existing at the time of delivery.
- The buyer is entitled to a two-year claim period for any non-conformity issues arising from the delivery of the goods.
9.2 Warranty for Hidden Defects
- The seller is liable for hidden defects in the sold products which make them unfit for the intended use or significantly reduce their use.
9.3 Exclusion of Warranty
- The customer cannot invoke the legal warranty if the defect is due to improper use of the product by the customer or if the product has been altered or repaired by the customer without i-Run's express permission.
For any questions regarding the warranty of the offered products, the customer can contact i-Run using the contact form available at [www.i-Run.com](http://www.i-run.com/) or by calling 030 98289939.
i-Run is fully responsible for fulfilling the obligations arising from the purchase contract. However, the seller is not liable in the event of non-fulfillment or improper fulfillment of an obligation attributable to the customer, or due to force majeure, unforeseeable circumstances related to regulations, or the jurisdiction of the French courts. Additionally, i-Run is not liable for damages of any kind, whether material or immaterial, direct or indirect, resulting from improper use of the product or any adjustments or modifications made to the product by the customer without express permission from i-Run.
11. DATA PROTECTION AND COOKIES
12. INTELLECTUAL PROPERTY
All elements on the i-Run website, including logos, trademarks, names, images, comments, and descriptions, are protected by trademark, patent, image, and copyright laws. They belong to i-Run and/or its contractual partners. The information, content, files, and software offered by i-Run are protected by international industrial and intellectual property laws. Reproduction, distribution, transmission, or download of the entire content or parts thereof, in any way or on any medium, is prohibited without prior written consent from i-Run. Only private reproduction is allowed, permitting the customer to keep a copy of the pages of the i-Run website for strictly personal use without altering the content and while respecting ownership and copyright notices on the website. Creating a hyperlink to the i-Run website, particularly through framing or deep linking, requires explicit written permission. Otherwise, the hyperlink must be removed upon simple request from i-Run. Usage of content conflicting with these terms constitutes a forgery that is severely punished under French intellectual property law and the French Penal Code.
13. REFERRAL MARKETING
i-Run offers customers the opportunity to refer friends and family to become customers on the i-Run website. However, referral marketing must be limited to the customer's family and close friends. Mass referral marketing from individuals outside the customer's family circle, advertising on the internet, or in the press using the names of partner brands marked on www.i-run.com or in any part of the catalog is strictly prohibited. Referral marketing must be concluded between two different natural persons. i-Run reserves the right to refuse referral marketing without providing reasons. The seller also reserves the right to cut or suspend the referral marketing program if circumstances necessitate, without incurring liability.
14. LOYALTY PROGRAM
i-Run automatically grants its customers the benefit of a loyalty account. For each order placed on the website, the customer receives a credit of 5% of the total amount (including VAT) of their purchase in their account. The amount that the customer can accumulate for the purchase of each product is indicated on the product sheet. On the next order on the i-Run website, amounting to 60 euros or more, the total amount will be automatically offset with the accumulated loyalty benefit. This discount will be displayed in the order summary. Each loyalty benefit credited to an i-Run customer account is available 24 hours after the order. The amounts accumulated in the loyalty account cannot be refunded wholly or partially. These amounts are a commercial gesture that can only be used for future purchases. The customer has one year from the date of the credit on their loyalty account to use it. If the balance is not used within this period, it expires and cannot be used anymore. The use of the loyalty account is personal and non-transferable.
15. PRODUCT REVIEWS AND RATINGS
To provide customers with comprehensive information, i-Run features a product rating system on its website for some of its products (e.g., cushioning, dynamics). These ratings are only indicative and do not legally bind i-Run or the product manufacturers. Customer opinions and resulting ratings are collected by www.baazarvoice.com, an independent entity that guarantees their authenticity.
If one or more of these terms and conditions are declared null or invalid by a court or administrative authority, such nullity affects only the void or invalid provision, not the other clauses, which remain fully effective. No waiver of any act or right recognized in these terms and conditions at any time or the failure to enforce any of its clauses can be understood as a modification or novation of the contract or as an express or implied waiver of exercising the recognized rights, or as a waiver of the right to demand compliance with the provisions of these terms and conditions.
17. APPLICABLE LAW AND JURISDICTION
These terms and conditions, as well as the formalization of the order to which these terms and conditions are attached, are subject exclusively to French law. This complies with Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, in particular with Article 1, which states: "This Regulation applies to contractual obligations in civil and commercial matters in the event of a conflict of laws", in connection with Article 3, which refers to Article 6(2): "The contract shall be governed by the law chosen by the parties". This is without prejudice to retaining the provisions not provided for in German law, particularly those contained in the Law on General Contract Conditions and the General Law for the Protection of Consumers and Users 3/2014 of 27 March (with the enactment of the LOI n°2014-344 of 17 March 2014 - Art. 9 (V) under the application of Directive 2011/83/EU). Likewise, the parties are subject to Directive 93/13/EEC of the Council of 5 April on unfair terms in consumer contracts.
18. DISPUTE RESOLUTION
In the event of a dispute, the parties endeavor to seek an out-of-court amicable resolution and commit, in good faith, to negotiate the conditions for dispute resolution in the joint interest of the parties. If the parties fail to reach an amicable agreement in negotiations, the dispute will be brought before the competent French courts. If the customer, as a private consumer, sues i-Run, they may be subject to the provisions of Regulation (EU) No. 524/2013 of 21 May on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive (EC) No. 2009/22 (Directive on alternative dispute resolution in consumer matters).