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Website terms of use

GENERAL TERMS AND CONDITIONS OF SALES

 

The present general conditions of sale (hereinafter the "General Conditions") apply to all purchases that you make as a physical person (hereinafter the "CLIENT") on the website www.precisionski.fr (hereinafter the " Site ") from E-PRECISIONSPORT.FR SARL , a company registered in the register of trade and companies of CHAMBERY under number 789199452, having its registered office 02 RUE DE TREVES 73700 SEEZ , France Tel : 04.79.00.42.41 - email : info@danisports.fr

(hereinafter the " SELLER ").

IMPORTANT

Any order placed on the Site necessarily implies acceptance without reserve of the CUSTOMER of these general conditions of sale.

1. DEFINITION

The terms used below have, in these General Conditions, the following meanings :

"CLIENT " : means the SELLER's counterparty, which guarantees that it has the quality of consumer as defined by the law and French jurisprudence. In this respect, it is expressly provided that CLIENT is outside any usual activity or business.

"DELIVERY" : means the first presentation of PRODUCTS ordered by the CUSTOMER to the delivery address indicated during the order.

"PRODUCTS" means all products available on the SITE.

"TERRITOITE " : means the Metropolitan FRANCE, including Corsica.

2. OBJECT

These terms and Conditions govern the sale by the SELLER to its CUSTOMERS products available on the Site (hereinafter the " PRODUCTS "), that the CUSTOMER order on the said Site, he pays and which are delivered to you.

The CUSTOMER is clearly informed and recognizes that the Site is geared to consumers and that professionals should contact the commercial service of the SELLER in order to benefit from contractual terms distinct

3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The CUSTOMER must read these terms and accept them, before proceeding to the payment of a control PRODUCTS placed on the Site.

The General Conditions are referenced at the bottom of each page of the site via a link and must be consulted prior to making an order. The CLIENT is invited to read, download, print General Conditions and keep a copy.

The SELLER advises the CUSTOMER read the terms and Conditions to each new command, the latest version of these terms and Conditions shall apply to all new orders of PRODUCTS.

By clicking on the first "Order" button to place the order and then the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE

To be able to buy a PRODUCT, the CUSTOMER must be aged at least 18 years of age and have the legal capacity.

The CUSTOMER will be prompted (if it is not registered) to open a customer account by completing the registration form available on the Website. The sign (*) indicates mandatory fields that must be filled in for the CUSTOMER's order is processed by the SELLER. Before opening an account, the CUSTOMER must read and accept the data privacy policy and the terms and conditions of use available at the bottom of each page of the Site via a hyperlink.

During registration, the CUSTOMER can accept to receive offers of promotions; VENDOR and/or its partners by checking another box to that effect.

Once registered, the CUSTOMER can track his order, free of charge, at any time, by accessing their account on the Site. Thus, the CLIENT may check the status of your order and see if their order has been shipped and delivered. The follow-up of DELIVERIES is carried out by using the online tracking tool of the carrier.

The CLIENT can also contact the commercial service of the SELLER at any time, by mail, to the address info@danisports.fr, in order to obtain information on the status of your order.

The information that the CUSTOMER provides to the SELLER at the time of opening a customer account or when an order must be complete, accurate and up-to-date.

The SELLER reserves the right to request the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.

5. ORDERS

5.1 CHARACTERISTICS OF THE PRODUCTS

The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the Site) and mandatory information that the CUSTOMER must receive under applicable law (in these Terms).

Therefore, the CUSTOMER agrees to read them carefully before placing your order on the Website.

The SELLER reserves the right to modify the selection of PRODUCTS available on the

Site, in particular according to the constraints related to its suppliers.

The photographs are presented for illustrative purposes only and have no contractual value.

Unless otherwise expressly stated on the Site, all PRODUCTS sold by the SELLER are new and comply with the european legislation in force and to standards applicable in France.

5.2. PROCEDURE COMMAND

PRODUCT orders are directly placed on the Site. To perform a command, the CLIENT must follow the steps described below (please note, however, that, depending on the start page of the Client, the steps may be slightly different).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER will have to select the(s) PRODUCT(s) of his choice by clicking on the(s) PRODUCT(s) concerned(s) and choosing the color and then the desired quantity (up to X identical PRODUCTS can be purchased at the same time). A description of the PRODUCT (with the main characteristics of the PRODUCTS, etc) will be provided on the Site.

Once the selected PRODUCT, the PRODUCT is placed in the basket of the Customer. The CUSTOMER may add to his shopping cart as many PRODUCTS as he wants.

5.2.2. Orders

Once the PRODUCTS have been selected and placed in his shopping basket, the CUSTOMER must click on the shopping cart and verify that the contents of the command is correct.

If the CLIENT has not yet done so, it will be prompted to log in or to register.

Once the CUSTOMER has validated the contents of the basket and it will be identified / registered, will appear to his attention an online form completed and automatically summarizing price, applicable taxes and delivery charges, if applicable.

The CLIENT is invited to verify the content of the order (including the amount and references PRODUCTS ordered, billing address, payment method and price) before clicking on the first button " Validation ".

The CLIENT can then proceed to secure payment PRODUCTS following the instructions on the Site and provide all the information necessary for billing and DELIVERY of PRODUCTS.

For PRODUCTS for which options are available, these specific references appear when the right options have been selected.

Orders placed must include all information necessary for the proper processing of the order.

The CUSTOMER must also indicate the mode of delivery chosen, by selecting it in the "Delivery" of the Site.

5.2.3. Acknowledgement of receipt

Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by electronic mail, provided the email address provided through the registration form is correct.

The SELLER does not send any confirmation of order by postal mail or by fax.

5.2.4. Billing

During the order procedure, the CUSTOMER must enter the information required to

the billing (the sign (*) indicate mandatory fields that must be filled out for the CUSTOMER's order is processed by the SELLER).

The CLIENT shall clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any access code to the DELIVERY address.

The CUSTOMER shall then specify the method of payment chosen, and to communicate his bank details, before clicking the button " Continue ".

Neither the purchase order that the CUSTOMER establishes online or acknowledgment of receipt of the order the SELLER sends to the CUSTOMER by email does not constitute an invoice. Whatever the mode command or payment, the CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS inside the parcel.

The SELLER shall retain an electronic copy of each invoice.

5.3. DATE OF THE ORDER

The order date is the date on which the SELLER acknowledges receipt in the command line. The times indicated on the Website do not begin to run as from this date.

5.4. PRICE

For all PRODUCTS, the CUSTOMER will find on the Website the price displayed in euros all taxes included, as well as any applicable delivery charges (depending on the package weight, excluding packaging and gifts, SHIPPING address and the carrier or mode of transport chosen).

Prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of SELLER's vendors are likely to be modified. As a result,

the prices indicated on the Site may change. They can also be modified in the case of offers or special sales.

 

The prices indicated are valid, except for gross error. The applicable price is that indicated on the Site at the date on which the order is placed by the Customer.

5.5. AVAILABILITY OF PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies inventory management " lean ". Therefore, according to the case, the PRODUCT availability depends on stock of the SELLER.

The VENDOR undertakes to honour orders received provided that the PRODUCTS are available.

The unavailability of a PRODUCT is, in principle, indicated on the PRODUCT page concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if the unavailability was not specified at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the request of the CLIENT :

propose to ship all PRODUCTS at the same time as soon as the backordered PRODUCTS will be available again,

proceed to a partial shipment of the available PRODUCTS in a first time, and then to the shipping of the rest of the command when other PRODUCTS will be available, subject to clear information concerning the additional transport costs which may be incurred,offer an alternative PRODUCT quality and equivalent price, accepted by the

Client.

 

If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, it will obtain the refund of all monies paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of the payment.

6. RIGHT OF WITHDRAWAL

The modalities of the right of withdrawal are provided in the "policy cancellation" policy available in Appendix 1 of these and accessible at the bottom of each page of the Site via a hyperlink.

7. PAYMENT

7.1. MEANS OF PAYMENT

The CUSTOMER can pay its PRODUCTS online on the Site in several ways.

When he will choose his / her means of payment, the CUSTOMER will be redirected to the secure site concerned in order to proceed with the payment.

The CUSTOMER guarantees the SELLER that he holds all the necessary authorizations to use the payment means selected.

By communicating his credit card number, the CLIENT authorises the bank of the Site to debit the total amount of the order.

The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the Site.

All payment information provided on the Site are transmitted to the bank Site and are not processed on the Site.

The SELLER does not collect, does not store and does not deal with the bank details of the

Client.

The SELLER does not charge the CUSTOMER a fee in excess of the costs it bears for use of the means of payment proposed on the Site.

7.2. DATE OF PAYMENT

In the case of single payment by credit card, the CUSTOMER's account will be debited as soon as the order of PRODUCTS placed on the Site.

In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the CUSTOMER decides to cancel its order for PRODUCTS unavailable, the refund will be made in accordance with the last paragraph of section 4.5 of these General terms and Conditions.

7.3. DELAY OR REFUSAL OF PAYMENT

If the bank refuses to charge a card or other means of payment, the CUSTOMER should contact the Customer Service department in order to pay the order by any other means of valid payment.

In the event that, for any reason whatsoever, opposition, refusal or other transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be cancelled and the sale automatically terminated.

8. EVIDENCE AND ARCHIVING

Any contract concluded with the CLIENT corresponding to an order of an amount in excess of 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the consumer code.

To access the contract, the CUSTOMER may make the request by email to the address info@danisports.fr.

The CLIENT acknowledges that the procedure of order and the present General Conditions are concluded online and constitute an "electronic contract" between the CUSTOMER and the SELLER.

The SELLER agrees to archive this information to track transactions and produce a copy of the contract at the request of the CLIENT.

Therefore, the CLIENT undertakes, in accordance with the principles governing electronic contracts under the law, not to question the contract simply because it has been electronically archived by the SELLER.

In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and it guarantees the integrity of the transaction.

9. TRANSFER OF PROPERTY

The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the Customer.

The above provisions do not preclude the transfer to the Customer, at the time of the receipt by him, or by a third party designated by him other than the carrier, risk of loss or damage to the PRODUCTS subject to reservation of ownership, as well as the risks of damage that they can cause.

10. DELIVERY

The terms and conditions of DELIVERY of the PRODUCTS are provided in the " policy delivery ", as referred to in Annex 2 hereof and accessible at the bottom of each page of the Site via a hyperlink.

11. PACKAGING

The PRODUCTS will be packed in accordance with the standards of transport in force, in order to ensure maximum protection for PRODUCTS during DELIVERY. Customers must meet the same standards when returning PRODUCTS.

12. GUARANTEES

12.1. CONTRACTUAL GUARANTEE

The SELLER warrants that, in the case of a purchase on the Site, the PRODUCT will be free of defects in workmanship or material under normal use, for one (1) year from the original date of purchase on the Site. This limited warranty extends only to the original purchaser, is not transferable, excludes all accessories and is only valid in the original country of purchase.

This limited warranty covers only defects in material and workmanship under normal use by the consumer, and does not apply in the event of damage to the PRODUCT resulting from degradation, a tear, accident, misuse, abuse, negligence, damage caused by sand or liquids, shock or poor storage conditions.

The CUSTOMER must first contact the SELLER by e-mail to the address info@danisports.fr by indicating the invoice number and its coordinates. The SELLER will contact the CLIENT, which will then need to return the defective PRODUCT in its original packaging with all original documents, at its own expense. The SELLER will inspect the PRODUCT.

If after inspection by the SELLER and provided that the default occurs in the framework of a normal use in the year following the date of original purchase, the PRODUCT proves to be defective, the SELLER will repair the PRODUCT or replace any PRODUCT or part defective in a PRODUCT or piece new or repaired.

The exchanged PRODUCT is covered by this warranty for the remaining duration of the warranty period of the original PRODUCT.

In the event that a replacement or repair would be impossible, the SELLER agrees to refund the purchase price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address PRECISION SKI - 02 RUE DE TREVES - 73700 SEEZ.

12.2. WARRANTY OF CONFORMITY

In accordance with the applicable legal provisions, the contractual warranty above does not deprive the CLIENT of the legal guarantee provided by the Consumer Code and the Civil Code articles as described below.

The seller is obliged to deliver a PRODUCT in conformity with the contract and answers defects of compliance existing during the issuance. The seller is also liable for defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility.

To comply with the contract, the PRODUCT must be fit for the use expected of a similar good, match the written description given by the SELLER on the Site and present the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, including in advertisements and on the labels.

The photographs are presented for illustrative purposes only and have no contractual value.

The action resulting from the defect of conformity is prescribed by two (2) years from the ISSUE of the PRODUCT.

In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other viable option, given the value of the PRODUCT or the importance of the defect, the SELLER shall have the right to a refund, without following the option chosen by the Customer.

In the event that a replacement or repair would be impossible, the SELLER agrees to refund the purchase price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address PRECISION SKI - 02 RUE DE TREVES - 73700 SEEZ.

12.3. WARRANTY OF HIDDEN DEFECTS

The SELLER is obliged to guarantee in respect of hidden defects of the PRODUCT sold which render it unfit for the use for which it was intended, or which so impair that use that the CUSTOMER would not have acquired it or would only have given a lesser price if he had known.

This warranty allows the CUSTOMER who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and the refund of a portion of its price, if the PRODUCT is not returned.

In the event that a replacement or repair would be impossible, the SELLER agrees to refund the purchase price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address PRECISIONSKI - 2 RUE DE TRÊVES 73700 SEEZ.

The action resulting from latent defects must be brought by the CUSTOMER within a period of two (2) years after the date of discovery of the defect.

13. LIABILITY

The SELLER will be liable for direct damages caused to the CLIENT by reason of the order or of the purchase of PRODUCTS on the Site.

The SELLER does not control web sites that are directly or indirectly related to the Site. Accordingly, it excludes all liability in respect of the information published. Links to third party web sites are provided as a guide only and no warranty is provided as to their content.

14. PERSONAL DATA

The SELLER collection on the Site personal data about its Customers, including through cookies. Customers can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER are used to process the orders placed on the Site, manage the Customer's account, analyze orders and fighting against credit card fraud and, if the CUSTOMER has chosen this option, send e-mail to commercial prospecting, newsletters, promotional offers and/or information about special sales , unless the CUSTOMER does not wish to receive such communications from the SELLER.

The CUSTOMER data are kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or clicking on the hyperlink provided at the bottom of each offer received by e-mail.

The data may be disclosed, in whole or in part, to service providers of the VENDOR involved in the ordering process.

For commercial purposes, the SELLER may transfer its business partners the names and contact information of its CUSTOMERS, provided that the latter have given their prior consent upon registration on the Site.

The SELLER will specifically instruct CLIENTS if they want their personal data to be disclosed. CUSTOMERS will be able to change your mind at any time on the Website or by contacting the SELLER.

The SELLER may also ask its CLIENTS if they wish to receive commercial solicitation of its partners.

The CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He may exercise this right by sending an email to the address : info@danisports.fr or by sending an e-mail to PRECISION SKI - 02 RUE DE TREVES - 73700 SEEZ.

It is specified that the CUSTOMER must be able to justify of its identity, or by scanning an identity document, either by sending the SELLER a photocopy of his identity card.

15. COMPLAINT

The SELLER shall provide the CUSTOMER a "Service telephone Client" at the following number : 0479004241 (non-premium number). Any claim by the CUSTOMER in writing must be sent to the following address : PRECISION SKI - 02 RUE DE TREVES - 73700 SEEZ.

16. IP

All visual and sound elements of the Website, including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a web site and wants to create a hyperlink direct to the Website should request the SELLER's permission in writing.

This authorization SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER.

The hypertext links to the Site that use techniques such as framing (framing) or the insertion by the hyperlinks (in-line linking) are strictly prohibited.

17. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any change to the legislation or regulations in force, or any decision of a competent court invalidating one or more provisions of these Terms and conditions shall not affect the validity of these General terms and Conditions. Such a change or decision does not in any case the CUSTOMERS to disregard the present General Conditions.

All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.

18. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

These Terms and conditions apply to all purchases made online on the Website, as the Site is available online.

The General terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.

The modifications to the General Conditions will not apply to PRODUCTS already purchased.

19. ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW

These General terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law.

In case of dispute, only French courts will be competent.

 

APPENDIX 1

POLICY OF WITHDRAWAL

The CUSTOMER has the right to withdraw from this contract without giving any reason within a period of fourteen days.

Withdrawal period

The withdrawal period shall expire 14 calendar days after the day on which the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER acquires, physical possession of the property.

If the CLIENT's order relates to several goods and if these goods are delivered separately, the withdrawal period shall expire 14 days after the day on which the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER acquires, physical possession of the last good.

Notification of the right of withdrawal

To exercise his right of withdrawal, the CUSTOMER must notify its decision to withdraw from this contract by means of a statement devoid of ambiguity to: PRECISIONSKI - 2 RUE DE TRÊVES 73700 SEEZ or info@danisports.fr.

Model withdrawal form

The SELLER gives the consumer the option to fill out and submit online the model withdrawal form (referred to in the Annex I of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights) on the web at the address www.precisionski.fr

If the CUSTOMER uses this option, the SELLER shall send without delay an acknowledgment of receipt of the withdrawal on a durable medium.

To ensure that the withdrawal period is respected, the CLIENT must send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER of this agreement, the SELLER undertakes to reimburse all payments received from the client, without undue delay and, in any event, no later than seven (14) days from the day on which we are informed of your decision to withdraw from this contract.

The SELLER will refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different medium, in any event, this refund will be of no cost to the customer.

The SELLER may withhold the reimbursement until receipt of goods or until the CUSTOMER has provided proof of shipment of the property, whichever is the first of these facts.

How to return

The CLIENT shall, without undue delay and in any event not later than thirty-one (31) days after communication of its decision to withdraw from this contract, return the property, to : PRECISIONSKI - 2 rue de Trèves 73700 Séez.

This deadline is deemed met if the CUSTOMER sends back the goods before the expiry of the period of fourteen days.

Return costs

The CLIENT will receive a voucher to return free of charge sent by Colissimo La Poste, after having made his application from his account. The customer shall not be entitled to only one return per order.

State of the returned property

The responsibility of the CUSTOMER shall only be liable in respect of the depreciation of the goods resulting from the handling other than those necessary to establish the nature, characteristics

and the functioning of the goods.

APPENDIX 2

POLICY DELIVERY

 

Delivery area

The PRODUCTS offered can only be delivered within the TERRITORY, the Area EUROPE and INTERNATIONAL.

The PRODUCTS are shipped (to) address(s) of delivery that the CUSTOMER will have indicated(s)

during the order process.

Shipping time

Each morning, Monday to Friday, orders placed online on the Site is established. The SELLER will process the following day all orders placed until the establishment of the state of the orders.

The time to prepare a command and then generate the invoice before shipping PRODUCTS in stock are mentioned on the SITE. These times are exclusive of weekends or holidays.

An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address listed in the registration form is correct.

Times & delivery Charges

During the order process, The SELLER informs the CLIENT of the time limits and forms of shipping options for PRODUCTS purchased.

Shipping costs are calculated based on the mode of delivery. The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.

The details of the time and cost of delivery is detailed on the SITE.

Terms of DELIVERY

The parcel will be returned to the CLIENT against signature and upon presentation of an identity document. In case of absence, a notice will be left to the Client, to allow him to go get his package at his post office.

DELIVERY problems

The CLIENT is informed of the delivery date fixed at the moment when he chooses the carrier, at the end of the online order process, before confirming the order.

In the event that the SELLER does not deliver the property on the agreed date, the CUSTOMER is directed, by means of a communication medium sustainable to deliver the PRODUCTS within a further period which must be adapted to the circumstances.

In any event, the SELLER undertakes to deliver the PRODUCTS within the period of thirty

(30) calendar days from the date of conclusion of the contract.

If the SELLER does not comply with its obligation to deliver the goods within the additional time limit, or within thirty (30) calendar days from the date of conclusion of the contract, the CUSTOMER has the right to terminate the contract.

The CLIENT may inform the SELLER of its decision to terminate the contract by sending a registered letter with notice of receipt to the following address : PRECISION SKI - 02 RUE DE TREVES - 73700 SEEZ.

The SELLER will refund, without undue delay after the receipt of the letter terminating the contract, the CUSTOMER the full amount paid for the PRODUCTS, taxes and shipping included, using the same method of payment used by the CUSTOMER to buy the PRODUCTS.