I-RUN Running Trail Fitness

GENERAL TERMS AND CONDITIONS

INTRODUCTION

Last Updated: September 30, 2024

The purpose of these general terms and conditions (hereinafter referred to as the "Terms") is to govern the contractual relationship between:

  • The company S.A.S. i-Run, a French simplified joint-stock company (société par actions simplifiée) under French law, specializing in the online sale of sports and nutrition products, registered with the Trade and Companies Register of Toulouse under number B 443 158 860, with its registered office at 101 avenue de l'Europe, Eurocentre / Bat A - Cellule 3, 31620 Castelnau d'Estrétefonds, France, represented by Mr. Emmanuel VIAL in his capacity as President, operating the websites www.i-run.com and www.i-run.ie (hereinafter collectively referred to as the "i-Run English websites" or the "Website"), hereinafter referred to as the "Seller" or "i-Run". Contact form
  • On the other hand, any adult natural person residing in Europe and acting exclusively for personal purposes (hereinafter referred to as the "Customer" or the "Buyer"), wishing to make a purchase via the Website. The Customer declares that they have full legal capacity to enter into a contract under applicable law.

These Terms apply exclusively to sales concluded with consumers acting for personal purposes.

i-Run reserves the right to modify these Terms at any time, in particular to ensure compliance with applicable legal and regulatory requirements.

Customers are invited to review the Terms prior to placing any order. The Terms applicable are those in force on the date of confirmation of the order.

1. DEFINITION OF TERMS

  • "Customer": any natural person acting for purposes outside their commercial, industrial, artisanal, or professional activity, who enters into a contract with i-Run.
  • "Order": any purchase request made by the Customer via the Website, resulting in the conclusion of a sales contract.
  • "Delivery": transfer of the Products to the Customer, whether to the Customer’s address, a third party designated by the Customer, or a designated collection point.
  • "Product(s)": all sports, nutrition, and accessory products offered for sale on the Website.
  • "Website": refers collectively to the i-Run English websites (www.i-run.com and www.i-run.ie).
  • "Sale": the contract for the transfer of ownership of Products between i-Run and the Customer via the Website.

2. SCOPE

These Terms govern all sales concluded through the i-Run English websites. They define the rights and obligations of i-Run and the Customer in relation to the purchase of Products, including ordering, payment, delivery, withdrawal rights, and warranties.

The availability of Products and delivery areas may vary depending on the Website used by the Customer.

By placing an order on the Website, the Customer acknowledges having read and accepted these Terms without reservation.

3. ORDERS

3.1 Language

The language available for placing orders on the Website is English.

3.2 Identification – Customer Registration

The Customer may place an order on the Website only after providing the information necessary for their identification. To do so, the Customer must complete the registration form made available on the Website and provide the required information, including first name, last name, telephone number, email address, billing address, delivery address, and password.

To access their account and place an order, the Customer must log in using their email address and password.

3.3 Order Process

Each Product offered for sale on the Website is presented with a description, photographs, price information, and its main technical characteristics. The Customer is solely responsible for selecting the Products and ensuring that they are suitable for their needs.

The Customer may contact i-Run for additional information regarding the characteristics or use of a Product.

To place an order, the Customer must select the Products of their choice, add them to their shopping cart, and proceed through the ordering process by clicking the relevant validation button.

The Customer may review and modify their cart at any time before final confirmation.

Before finalizing the order, the Customer must log in, verify the details of the order, accept these Terms, and provide the required payment information.

The contract is deemed concluded once payment has been successfully received and the order has been confirmed by i-Run.

i-Run will send a confirmation email including a summary of the order (Products, total price, delivery address).

The data recorded by i-Run constitutes proof of the transaction, unless proven otherwise.

To prevent fraud, i-Run reserves the right to request supporting documents to verify the Customer’s identity and/or payment method.

In accordance with applicable data protection laws, the Customer has the right to access, rectify, and delete their personal data by contacting 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

Product offers are subject to availability. If a Product is unavailable after an order has been placed, i-Run will inform the Customer as soon as possible and refund any sums paid within fourteen (14) days.

5. PRICES

Prices are indicated in euros (€), inclusive of all applicable taxes.

i-Run reserves the right to modify its prices at any time. The price applicable is the one displayed at the time of order confirmation.

Once confirmed, the price cannot be modified.

6. PAYMENT

6.1 Total Amount

The total amount payable is indicated before order confirmation and in the confirmation email.

6.2 Payment Methods

The Customer may pay by credit/debit card or PayPal. Payment is secured via SSL encryption.

i-Run does not store bank details.

i-Run may request proof of identity to prevent fraud.

6.3 Payment in Instalments

Where available, payment in instalments may be offered under conditions specified at checkout.

6.5 Retention of Title

The Products remain the property of i-Run until full payment is received.

7. DELIVERY

Products purchased via the i-Run English websites are delivered within their respective delivery areas.

Orders placed on www.i-run.com are delivered within the Netherlands.
Orders placed on www.i-run.ie are delivered within Ireland.

The Products are delivered to the address provided by the Customer or to a collection point, depending on the selected delivery method.

7.1 Place of Delivery

i-Run operates multiple local websites with specific delivery areas:

i-Run.fr delivers to the following countries:

  • France (including Monaco, Corsica, and French overseas territories)
  • Belgium, Switzerland, Luxembourg, Denmark, Spain, Italy
  • The Netherlands, Estonia, Hungary, Latvia, Lithuania, Poland
  • Czech Republic, Slovakia, Slovenia, Sweden
  • Bulgaria, Cyprus, Croatia, Finland, Greece, Malta, Romania

For detailed information regarding shipping methods, delivery times, and fees, customers are invited to consult the "Shipping, delivery & fees" page available on each local i-Run website.

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 the website 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.

7.5 Non-Delivery

If an order has not been delivered, the customer is requested to contact i-Run by phone at +33 5 31 61 99 16 (local call rate) or via the contact form. 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.

Please be aware that customers are responsible for all return costs.

9.GUARANTEES

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.

9.4 Information

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](https://www.i-run.com/) or by calling 030 98289939.

10. LIABILITY

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

i-Run commits to maintaining the privacy of the website's users and the confidentiality and security of data and information transmitted by the customer in accordance with the provisions of the applicable data protection laws and their privacy policy. The customer has the right to access personal data, correct personal data, and request the deletion of personal data at any time. i-Run uses various types of cookies to enhance the browsing experience and understand customer preferences. The customer can configure their settings to accept or reject the use of 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 i-Run 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. CASHBACK PROGRAM

i-Run automatically grants its customers the benefit of a loyalty account. For each order placed on the website, the customer receives a cashback 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 cashback. This discount will be displayed in the order summary. Each cashback 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.avis-verifies.com, an independent entity that guarantees their authenticity.

16. INTEGRITY

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).