Version in force as of 01/05/2021

1. Subject

The website  www.milesrepublic.com  (hereinafter the “Site”) is a platform connecting non-professional buyers (hereinafter the “< b style=\"font-weight: 700\">Clients ») and organizers of sporting events, professional or not, partners of Miles Republic (hereinafter the «Partners ») in order to enable them to offer their services to Customers and to conclude sales with them through the company Olympyk, a joint stock company simplified with capital of 47,059 euros registered with the RCS of Lille under number 888 926 763 and having its registered office at 71, quai de l'Ouest, 59000 Lille (hereinafter "Miles Republic").

Miles Republic is not the seller of the services purchased through the Site. The Partners have given Miles Republic a mandate to offer and market on the Site, in their name and on their own account, registration fees and places for sporting events that they organize and all services associated with these events (hereinafter the “Services”) and possibly products associated with these events (hereinafter the “ after the “Products”).

These general terms and conditions of sale (hereinafter the "GTC") describe the terms and conditions of sale at distance of Services and Products between Partners and Customers through Miles Republic and define the obligations and rights of Customers and Miles Republic in this regard.

3. Characteristics of the Services and Products offered on the site

The Services and Products offered for sale on the Site are the subject of a description allowing the Customer to know their main characteristics as well as their price.

The Customer is required to take due note of them before placing any order.

The Customer acknowledges and accepts that the choice and purchase of a Service and a Product is his sole and entire responsibility.

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of Miles Republic.

The Customer is required to refer to the description of each Service and Product in order to know its essential properties and particularities. The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

The Customer is invited to take note of any other additional information provided where applicable by the Partner, in particular the regulations of the sporting event concerned, and to carry out any checks which seem necessary or appropriate before placing any order.

The offers of Services and Products are understood to be within the limit of available stocks, as specified when placing the order.

5. Rates

The Services and Products offered are provided at the rates in effect on the Site, when the order is registered by Miles Republic.

Prices are expressed in euros and include all taxes (TTC). They take into account any price reductions or promotional offers that may be granted, under the conditions specified on the Site.

The prices are firm and not revisable during their period of validity as indicated on the Site, Miles Republic or where applicable, the Partner reserves the right, outside this period of validity, to modify the prices at any time.

The rates do not include any processing and management fees, which are charged in addition, under the conditions indicated on the Site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

Where applicable, an invoice is drawn up by Miles Republic on behalf of the Partner and given to the Customer upon provision of the Services or Products ordered.

6. Payment conditions

The price is payable in cash to Miles Republic, in full on the day of the placing of the order by the Customer according to the terms specified in the article "Orders" above, by secure payment according to the terms defined by Stripe, payment service provider partner.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the refund of the corresponding amounts.

Miles Republic will not be required to provide the Service(s) and/or Product(s) s) ordered by the Customer if the price has not been previously paid in full under the conditions indicated above.

Payments made by the Customer will only be considered final after actual collection of the amounts due by Miles Republic on behalf of the Partner

In the event of late payment or payment incident, late payment penalties calculated at a rate equal to 3 times the legal interest rate in force will be acquired automatically and by operation of law by the Partner, without any formality or prior notice.

Any delay in payment will automatically result in the application of a fixed compensation of forty (40) euros , without prejudice to late payment penalties. Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Partner would be entitled to take, in this respect, against the Customer.

Furthermore, the Partner reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services and/or Products ordered by the Customer and/or to suspend the execution of its obligations.

7. Provision of Services

The Services ordered by the Client will be provided in accordance with the terms described in the confirmation of acceptance of the order by Miles Republic on behalf of the Partner, by email and after receipt by Miles Republic of the full price.

The Customer must comply with the rules and instructions communicated by Miles Republic and, where applicable, by the Partner who ensures the execution of the Services, in particular, but not limited to, clothing, health, safety and hygiene conditions. 'insurance, size, age and safety.

If the Services ordered have not been provided on the date indicated, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him by the Partner at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction which would be provided for in the regulations of the event, excluding processing and management costs of Miles Republic. /p>

The events take place under the sole responsibility of the Partner. In the event of postponement, interruption, modification of the program or distribution of any event, any reimbursement, excluding Miles Republic processing and management fees, will be subject only to the conditions set by the Partner and Miles Republic cannot in any way case be held responsible in this regard.

8. Delivery of Products

The Products ordered by the Customer will be delivered in metropolitan France within the shipping time indicated on the Product sheet, to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Site.

The delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one go.

The Partner undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only.

If the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer within conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination. of the contract, excluding any compensation or retention and excluding processing and management costs.

In the event of non-conformity of the Product delivered, the Partner undertakes to remedy this or to reimburse the Customer.

The Products supplied by the Partner benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions, from the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or not corresponding to the order, as well as the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

9. Right of withdrawal

A. Regarding the services

Given the nature of the Services, which constitute leisure activity services to be provided on a specific date or period within the meaning of Article L. 221-28 of the Consumer Code, orders placed by the Customer do not benefit from the right of withdrawal.

The contract is therefore definitively concluded upon placing the order by the Customer in accordance with the terms specified in these General Terms and Conditions.

C. Regarding the refund

The refund, excluding Miles Republic processing and management fees, will be made within 14 days of the Customer being notified of the decision to withdraw, directly by Miles Republic, in the name and on behalf of the Partner, by crediting the Customer's bank account.

10. Liability and guarantees

The Services and Products sold by the Partner through the Site comply with the regulations in force in France.

It is recalled that Miles Republic is not the seller of the Services and Products. Miles Republic cannot therefore be held responsible for sales made between the Customer and the Partner, to which Miles Republic has no control. The Services and Products cannot be returned or exchanged by Miles Republic and any dispute relating to a sales transaction carried out through Miles Republic must be settled directly between the Customer and the Partner.

Miles Republic's liability towards the Customer can only be incurred for acts directly attributable to it and which cause the Customer direct harm, to the exclusion of any indirect harm.

Miles Republic's liability is excluded in the event of misuse of the Services and Products by the Customer or fault on their part. It may not be incurred for acts attributable to a third party.

Miles Republic's liability cannot be incurred or retained due to the content made available on the Site, in particular with regard to the description of the Services and Products.

No express or implied guarantee may be granted by Miles Republic to the Customer with regard to the essential characteristics of the Services and Products marketed by Miles Republic on behalf of the Partner. In particular, Miles Republic may not be held liable for any damage occurring after the connection between the Customer and the Partner. Miles Republic only guarantees the connection services, which are subject to all necessary care to ensure their effectiveness in relation to the information appearing on the Partner's website on the date of the order.

In any event, Miles Republic may not be held liable in any way in the event of the Customer's dissatisfaction with the Services and Products, the choice and purchase of a Service or Product being the sole responsibility of the Customer.

The Customer acknowledges that Miles Republic has no control over the organization and running of sporting events organized by the Partner, and may not therefore be held liable to the Customer for any injury, damage or loss suffered in the context of their participation in said event or in connection with the event (including in the event of a violation by the Partner of the event of the conditions of the event).

11. Protection of personal data

In application of law n° 78-17 of January 6, 1978 relating to information technology, files and freedoms as amended, it is recalled that the personal data requested from the Customer are necessary in particular for the placing and processing of his order.

This data is communicated to the Partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used by Miles Republic ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a right of access, modification, rectification, opposition, portability and limitation of the processing of all of his personal data.

These rights may be exercised under the conditions and according to the terms defined by the Miles Republic privacy policy, available here .

12. Intellectual property

The design and content of the Site and in particular all photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications used for the operation of the Site and more generally all elements reproduced or used on the Site which belong to Miles Republic, which have been licensed to Miles Republic or which are the subject of lawful use, are protected by the laws and regulations in force and in particular the provisions of the Intellectual Property Code. All property and moral rights relating to these elements remain the sole property of Miles Republic and, where applicable, the Partners.

Only the rights of access and use of the Site are recognized to the User. Any reproduction, representation, republication, redistribution, use, transformation or adaptation, in any form whatsoever, of all or part of the aforementioned elements, including computer applications, as well as any operation aimed at accessing the source code of the Site, its database or any element likely to be protected by an intellectual property right, without the prior written consent of Miles Republic are strictly prohibited.

In addition, the Miles Republic brand and, where applicable, the brands and logos of the Partners or third parties appearing on the Site are registered trademarks. Any total or partial reproduction of these brands and/or logos, without the written authorization of Miles Republic or, where applicable, the Partners or third parties is strictly prohibited.

The User acknowledges that failure to comply with the provisions of this article may incur both civil and criminal liability and may give rise to legal proceedings, particularly for counterfeiting.

13. Force majeure

The parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

As soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible.

If the impediment is permanent or exceeds a period of 30 days, these terms and conditions will be purely and simply resolved after sending a formal notice by registered letter with acknowledgement of receipt or any extrajudicial act.

14. Nullity and independence of clauses

In the event that a provision of the T&Cs is deemed by a competent court to be null or unenforceable, in whole or in part, under the law, this provision will, to the extent necessary, be deemed to no longer be an integral part of the T&Cs. Nevertheless, the legality, validity and binding nature of the other provisions of the T&Cs will remain fully in force and will produce their effects. The Parties will make every reasonable effort to agree in good faith on a replacement provision that will, as far as possible, have the same scope as the void provision.

15. Modification

As the T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in effect on the Site on the date the order is placed.

Any modification to the T&Cs is binding on users of the Site from the time they are posted online and cannot apply to transactions concluded previously.

16. Proof agreement

Unless proven otherwise, the data recorded in Miles Republic's computer system constitutes proof of all transactions concluded with the Customer.

17. Applicable law – Language

These General Terms and Conditions and the transactions resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

18. Disputes

All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, shall be settled directly between the Customer and the Partner.

The Customer and the Partner shall make their best efforts to reach an amicable resolution of the dispute.

The Customer is informed that in accordance with Article L. 612-1 of the Consumer Code, he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which appear on the Site or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The list of all Consumer Mediators is accessible via the following URL: https://www.economie.gouv.fr/mediation-conso/saisir-mediateur .

Given the nature of the Services and Products, the User may in particular choose to resort to the Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD). For more information on this subject, the User is invited to consult the dedicated site accessible at the following address: https://www.mediateurfevad.fr .

19. Pre-contractual information

The Customer acknowledges having received communication, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:

• the essential characteristics of the Services or Products, taking into account the communication medium used and the Service or Product concerned;
• the price of the Services and Products and any additional costs;
• in the absence of immediate execution of the contract, the date or deadline by which the Partner undertakes to provide the Services ordered;
• information relating to the identity of Miles Republic and the Partner, in particular their contact details, directly available on the Site www.milesrepublic.com  or on the Partner's site;
• where applicable, information relating to legal and contractual guarantees and their terms of implementation;
• the functionalities of the digital content and, where applicable, its interoperability;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal, termination terms and other important contractual conditions;
• the payment terms.

The fact for a natural person (or legal entity) to order on the Site implies full adherence and acceptance of these General Terms and Conditions and obligation to pay for the Services and Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Miles Republic.

Appendix 1 - Provisions relating to legal guarantees

Article L. 217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.”

Article L. 217-5 of the Consumer Code:
  “The good is the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Article L. 217-12 of the Consumer Code:
  “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article 1641 of the Civil Code:
  “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or at a lower price, if he had known them.”

Article 1648 paragraph 1 of the Civil Code:
  “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

Appendix 2 - Withdrawal form

This form must be completed and returned by email or by post, only if the Customer wishes to withdraw from the order placed on the website www.milesrepublic.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of
Partner's identity
Partner's street and number
Partner's postal code
Partner's city

Order of .......
Order number: ................................................................
Customer's name: ...........................................................................
Customer's address: .......................................................................

Customer's signature: