The present conditions of sale are concluded on the one hand by the company Never Caught Climbing whose head office is located at //1 route des métiers, 81000, ALBI,// registered with the //Registre du Commerce et des Sociétés de ALBI under the number RCS10000000 hereinafter referred to as « Never Caught Climbing »// and managing the website nevercaughtholds.com and, on the other hand, by any individual or legal entity wishing to proceed with a purchase via the website nevercaughtholds.com hereinafter referred as « the buyer ».

Never Caught Climbing operates in this range under the trade name Never Caught Holds.

Article 1. Object

The present conditions of sale aim to define the contractual relations between Never Caught Climbing and the buyer and the conditions applicable to all purchases made through the nevercaughtholds.com website. The acquisition of a product through the present site implies unreserved acceptance by the purchaser of the present conditions of sale, which the purchaser acknowledges having read prior to ordering. Prior to any transaction, the buyer declares that he/she has full legal capacity, allowing him/her to commit to the present terms and conditions of sale.

Never Caught Climbing reserves the right to modify these conditions of sale at any time, in order to comply with new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer’s order.

The present Conditions do not affect the rights of Non-Professionals, when they are of public order.

Article 2. Products

The products offered are those which appear in the catalog of the Never Caught Climbing site nevercaughtholds.com, within the limit of available stocks. Never Caught Climbing reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The sale of products presented on the nevercaughtholds.com website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.

The photographs and their content are not part of the contractual field. Never Caught Climbing cannot be held responsible for any errors that may be introduced. Likewise, any clerical error, any omission in the acceptance of the order, the invoice, the commercial documentation, the price lists or any other document or information issued by Never Caught Climbing may be corrected without Never Caught Climbing being held responsible.

Article 3. Prices

The prices appearing on the product sheets of the internet catalog are in Euros (€) and include all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Never Caught Climbing reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, according to the total amount of the order.

Article 4. Order and payment terms

Before placing an order, the buyer must request the creation of an account via e-mail or the contact form on the nevercaughtholds.com website. Never Caught Climbing offers the buyer the option of ordering and paying for its products in several stages, with 3 payment options to choose from:

– credit card: the customer enters his credit card details via the secure link received by e-mail. All bank details entered are processed securely and encrypted. This information is only accessible to Never Caught Climbing’s service provider, so that it can contact the Client’s bank. Never Caught Climbing has no access to the Client’s banking data.
– Paypal : The client must connect to his client account and follow the payment instructions, indicating the order reference. Accepted credit cards may differ according to the country indicated for invoicing.
– bank transfer: the client issues a bank transfer to the bank details indicated by Never Caught Climbing, indicating the order reference in the transfer information.

The order is confirmed by Never Caught Holds upon transmission of confirmation by e-mail, it is not yet confirmed until then and remains pending.
If the order is not paid by the due date or if there is a payment incident, Never Caught Holds will have the right to suspend or cancel the order.
After a period of 10 days following invoicing, Never Caught Climbing will charge late payment penalties equal to the interest rate applied by the most recent European Central Bank plus 6%, until payment in full.
Any late payment or payment incident will result in an indemnity equal to 15% of the sums due, in addition to legal interest and any legal costs, without prejudice to any action for damages.
Any late payment by a Professional Customer will give rise to a fixed indemnity of 40 euros for collection costs set by Decree no. 2012-1115 of October 2, 2012. Should the decree be amended, this amount may be re-evaluated .
All costs incurred by Never Caught Climbing resulting from a dispute in the collection of unpaid invoices from a Professional Customer will be borne by that Customer.

Article 5. Reservation of ownership

Never Caught Climbing retains full and complete ownership of the products sold until full payment has been received, in principal, costs, postage and taxes included.

Article 6. Withdrawal

No order accepted by Never Caught Climbing can be cancelled by the customer, subject to article L221-18 of the French Consumer Code.
By virtue of article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of retraction and thus return the product to the seller for exchange or reimbursement without penalty, with the exception of return costs.
This right of withdrawal does not have to be justified, however, simply returning the product without a declaration or refusing to accept delivery is not sufficient for withdrawal.
To return a product, the customer must first notify Never Caught Holds by e-mail so that the address where the products can be returned can be given, with insurance in case of loss of the package.
Only Products returned in their entirety will be taken back (accessories, instructions, etc.) and in their original packaging. All returned Products must be intact and ready for resale.
Products made to order and with specific texture or color requirements cannot be returned.
Any Product that has been used, damaged, soiled, incomplete or whose original packaging has been damaged will not be reimbursed.
Returned Products must be accompanied by the purchase invoice.
In accordance with article L221-28 of the French Consumer Code, the following are excluded from the right of withdrawal:
– custom-made or personalized products
– products which are not returned in their complete original packaging
– products which, due to their nature, cannot be returned or which have been used.

Article 7. Delivery

An estimated shipping date is indicated to the Customer during the validation of the order.
Never Caught Climbing will, insofar as possible, execute the Contract within the deadlines defined at the time of the order. Deadlines begin upon validation of the order by Never Caught Holds. It is however specified that the respect of deadlines is not the essence of the Contract.
Deliveries are made by a carrier chosen by Never Caught Holds or by post, depending on the nature, size and weight of the Product. Delivered Products are accompanied by a delivery note.
The risks associated with transport are the responsibility of the buyer from the time the items leave the premises of the company Never Caught Holds. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.
Reservations must explain the nature and extent of the damage, as well as the quantity of each missing or damaged item.
Reservations must first be notified on the delivery receipt given to the driver, and then by registered letter with acknowledgement of receipt sent to the carrier confirming these reservations, at the latest within three 3 days of receipt of the package.
Failing this, the Products will be deemed to have been delivered in good condition and no recourse against the carrier will be possible.

For Business Customers:
– Delays do not entitle the Customer to cancel the order.
– Nor does it entitle the Customer to refuse the Product or to claim damages, except in the case of a specific commitment, and excluding cases of force majeure.
– The transfer of risks takes place on arrival of the Products at the delivery address, before unloading.

For Non-Professional Customers:
– In the event of late delivery, Customers may cancel the Contract in accordance with the terms and conditions set out in article L216-2 of the French Consumer Code.
– The transfer of risks takes place upon receipt of the Products.
If the delay or non-execution of the contract is due to causes beyond the reasonable control of Never Caught Climbing, then Never Caught Climbing cannot be held responsible and cannot constitute a contractual non-execution.

Events considered as force majeure or fortuitous events are all unforeseeable, unavoidable events beyond the control of the parties and which prevent the execution of contracts in progress. Both parties will be obliged to communicate force majeure or fortuitous events within a period of one month, unless such events prevent proper communication between the parties. If the events last for more than three months, the present conditions may be terminated by the party affected. The following are considered as force majeure or fortuitous events:
– blockage of means of transport or supply
– malfunctions due to machine or tool breakdowns
– accidents
– sabotage
– war
– energy-related problems
– earthquakes
– fires
– storms
– floods
– lightning strikes
– strikes by some or all of our staff
– stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customer.

Article 8. Warranty

All products supplied by Never Caught Climbing benefit from the legal guarantee provided by articles 1641 and following of the French Civil Code. In case of non-conformity of a product sold, it can be returned to Never Caught Climbing who will take it back, exchange it or reimburse it. All claims, requests for exchange or reimbursement must be made by e-mail within thirty days of delivery.

Article 9. Responsibility

Never Caught Climbing, in the process of distance selling, is only bound by an obligation of means. Never Caught Climbing cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, break in service, or other involuntary problems.
The responsibility of Never Caught Holds for misrepresentation, breach of contract or any other title will not exceed the price of defective products or undelivered invoiced by Never Caught Holds, except in special cases such as injury or death caused by negligence Never Caught Holds.

Article 10. Intellectual property

Unless otherwise authorized in writing by Never Caught Climbing, all elements of the nevercaughtholds.com website are and remain the exclusive intellectual property of Never Caught Holds. No one is authorized to reproduce, exploit, or use, for any reason whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

Article 11. Personal data

Never Caught Holds is committed to preserving the confidentiality of information provided by the purchaser, which he/she may be required to transmit in order to use certain services. All information concerning the buyer is subject to the provisions of law n° 78-17 of January 6th 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by e-mail.

Article 12. Settlement of disputes

The present conditions of distance selling are subject to French law. For all disputes or litigation, the dispute will be brought:
– before the courts on which Never Caught Climbing’s head office depends if the Customer is a Professional
– before the court designated by the rules of common law if the Client is a Non-Professional.