Terms and Conditions of Sale
Last update : May 17, 2026
1. GENERAL PROVISIONS
1.1. Scope of the Terms and Conditions of Sale
These terms and conditions of sale (hereinafter the “T&Cs”) govern and apply without restriction to the relationship between RWY (hereinafter “RWY”), operating under the trade name Circle Climbing Routes, a simplified joint-stock company (SAS) with share capital of €10,000, registered with the Chambéry Trade and Companies Register under number 921 702 262, whose registered office is located at 42 B, route du Revard, Aix-les-Bains (73100), France, and any professional customer, meaning any natural or legal person acting for purposes within the scope of their usual business activities, including on behalf of another professional (hereinafter the “Customer”), who places an order for products on the online sales website https://circleclimbing.com (hereinafter the “Site”).
RWY offers for sale on the Site climbing route models designed by professional route setters from around the world and available for 3D preview (hereinafter the “Products”).
Where the Customer is a legal entity, it shall be represented by a duly authorized natural person.
The T&Cs, together with the online order and the Terms of Use, constitute the contractual documents enforceable against the Parties. The T&Cs are drafted in French.
For the purposes of these T&Cs, the Customer and RWY may each be referred to individually as a “Party” and collectively as the “Parties”.
1.2. Availability – Enforceability of the T&Cs
The T&Cs are made available to the Customer on the Site and may be consulted directly by clicking the “Terms and Conditions of Sale” link.
The T&Cs are enforceable against the Customer, who acknowledges having read and accepted them before placing an order by ticking the box provided for this purpose.
The Customer must be at least eighteen (18) years old on the date the order is validated.
Confirmation of the order constitutes the Customer’s acceptance of the T&Cs in force on the date of the order.
Customers are advised to save and/or print these T&Cs for safe and durable storage, so that they may refer to them at any time during performance of the contract, if necessary.
RWY reserves the right to adapt or modify these T&Cs at any time. In all cases, the applicable T&Cs shall be those in force on the date of the order. A dated copy of these T&Cs may be provided to the Customer upon request.
2. PRODUCTS
2.1. Products offered for sale by RWY
The Products offered for sale by RWY on the Site correspond to:
- Climbing route layouts, meaning routes created digitally in 3D, which have not been physically implemented or tested under real-life conditions;
- Climbing routes that have already been built in a real-life environment, tested, and validated [by the route setter-creator] (hereinafter the “Routes”);
- Subscriptions providing access to the website viewer.circleclimbing.com for the purpose of creating and editing digital climbing routes.
2.2. Product information
Each Product offered for sale on the Site is accompanied by the following information:
- Price excluding VAT and including VAT;
For Routes:
- Name of the route setter who designed it;
- Brand of the holds required to set the route;
- Difficulty level of the route;
- Wall style;
- Type of movement.
For subscriptions:
- Usage privileges and limitations depending on the plan.
The Customer must carefully review this information before placing an order on the Site.
Each Product can be previewed in 3D directly on the Site, such 3D modelling being provided for information purposes only.
The Customer may also view each Route through a short video, provided for information purposes only.
The Customer acknowledges and accepts that the Products have been designed to be built exclusively using holds from the brands mentioned in their description.
The Customer is informed that RWY does not sell climbing holds.
The Customer is also informed that, after validation of the order, they will receive, in accordance with Article 4.2 of these T&Cs, a detailed technical installation guide for the ordered Product.
3. OFFERS
Online offers for the sale of Products presented on the Site are valid, unless a specific duration is indicated, for as long as the Products appear on the Site.
Acceptance of the offer by the Customer is validated, in accordance with the double-click process, by confirmation of the order.
4. ORDER
4.1. Order registration
A Customer wishing to place an order on the Site selects the Product(s) of their choice and adds them to their virtual basket by clicking “Add to basket”.
At any time, the Customer may:
- By clicking on the basket tab, check the Products included in their basket, obtain detailed information about said Products, or remove one or more Products from their selection;
- Continue shopping by clicking the “Continue shopping” tab;
- Complete the order by clicking the “Order” tab.
After clicking the “Order” tab, the Customer is invited, if ordering as a guest without creating a Customer account, to provide their title (Mr. or Ms.), first name, last name, and email address or, if already holding a Customer account, to log in by entering their email address (login) and password.
Before continuing, the Customer must accept the Site’s Terms of Use after having read them.
The Customer is then invited to enter their billing address.
The Customer is finally invited to choose their payment method.
The Customer then accesses the order summary, where they may modify the information entered.
The summary order form displays:
- The Customer’s billing address;
- The visuals of the Products included in the basket;
- The total amount of the order excluding VAT and including VAT.
After reading the summary order form, checking its content, and correcting any errors, the Customer reviews these T&Cs and acknowledges their payment obligation by ticking the box provided for this purpose.
The Customer is informed that validating the order entails an obligation to pay.
4.2. Order validation
The Customer confirms and validates the order by clicking the “Confirm order and proceed to payment” button.
The order validated by the Customer is final.
Once the order has been validated, an order confirmation email is sent to the Customer at the email address previously provided.
This email contains a summary of the order information as well as the corresponding invoice, including all the information required under Article L. 441-9 of the French Commercial Code.
In the same email, the Customer is also provided with a detailed installation guide corresponding to each ordered Product, containing all information necessary for compliant and safe installation of the route, namely the exact position of each hold, 3D coordinates, screw references, wall inclinations, and views from all angles.
5. PRICES
5.1. Sale price
Sale prices are indicated for each Product listed on the Site in euros excluding VAT and in euros including VAT.
Prices including VAT notably include Value Added Tax (VAT) at the rate in force on the order date. Any change to the applicable rate may affect the price of the Products from the date the new rate comes into force.
The total amount payable by the Customer is indicated on the order confirmation page.
5.2. Modification
RWY may modify its prices at any time, provided that the Customer is guaranteed the price in force on the date of the order.
6. PAYMENT TERMS
Payment must be made at the time of order by bank card (Carte Bleue, VISA, Eurocard/Mastercard).
Online payment by bank card is made through the secure Payplug payment system. This system uses a security protocol based on 3D Secure encryption. Confidential data, including the 16-digit bank card number, expiry date, and CVV code, is directly encrypted and transmitted to the bank’s server.
The bank card is debited when the Customer validates the order.
At no time does the Customer’s banking data pass through RWY’s IT systems.
7. WARRANTY
RWY guarantees that the Products comply with the order and with the laws, regulations, and/or standards in force in France [and in Europe].
8. LIABILITY
8.1.
RWY shall only be liable for direct and foreseeable damage resulting from a breach of its contractual obligations.
RWY shall not be liable in the event of non-performance or improper performance of the Contract caused either by the Customer preventing RWY from performing its obligations, by a third party having the same effect, or by force majeure.
RWY’s liability may not, under any circumstances, be limited or excluded in respect of bodily injury, including, in particular, any physical harm, injury, disability, or death, nor in respect of damage resulting directly from such bodily injury.
8.2.
Subject to the provisions below, RWY’s liability for non-performance, improper performance, or late performance of its contractual obligations relating to the Products is strictly limited to direct and immediate financial loss suffered by the Customer, excluding any indirect damage, including but not limited to operating losses, loss of revenue, loss of margin, loss of data, commercial loss, damage to reputation, and more generally any intangible damage, whether consequential or not.
The total cumulative amount payable by RWY in respect of compensable financial loss, regardless of cause, legal basis, or claim, is capped at an amount equal to twice the total amount excluding VAT actually paid by the Customer to RWY for the order giving rise to the event, provided that this cap shall not be less than the minimum fixed amount of five hundred euros.
The Parties expressly agree that this limitation of liability is not intended to, and does not, deprive RWY’s essential obligation to provide the Products to the Customer of its substance, and that it constitutes, in view of the overall economy of the Contract and the standardized nature of the T&Cs, a reasonable allocation of risks between professionals.
In any event, this clause shall not apply and RWY shall remain liable for full compensation in the event of gross negligence or intentional misconduct attributable to RWY.
8.3.
The Customer acknowledges that they are solely responsible for the use, interpretation, adaptation, and operational implementation of the Products in their own environment, particularly with regard to the characteristics of the facilities, the level of users, applicable safety rules and standards, and information provided to third parties.
In particular, RWY shall not be liable in the event of the Customer’s failure to comply with the information, instructions, and/or recommendations contained in the installation guide, user guide, or any equivalent document provided with the Products.
RWY shall not be liable for damage caused to third parties as a result of the Customer’s use of the plans, subject to the exclusions mentioned above.
8.4.
The Customer is informed that RWY holds civil liability insurance covering, under the terms and limits of the subscribed policy, the financial consequences of its liability.
The Parties agree that this limitation clause is consistent with the scope of such insurance coverage and that the Customer remains free to take out any additional insurance deemed useful.
8.5.
It is expressly agreed that this article shall survive the termination or expiry of the contract, regardless of the cause.
9. STORAGE AND ARCHIVING OF TRANSACTIONS
Communications, order forms, and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1379 of the French Civil Code.
10. INTELLECTUAL PROPERTY
10.1.
RWY holds all rights and authorizations necessary to offer the Products for sale on the Site and to provide the Customer, after validation of the order, with detailed technical plans enabling the Customer to build the route.
10.2.
Subject to full payment of the Product sale price, RWY grants the Customer a personal, non-exclusive, non-assignable, and non-transferable license to use the Product protected by copyright, for the legal term of protection of such rights. This license, strictly limited to the needs of the Customer’s professional activity, includes only the following rights:
- The right to install or have installed the Product, in accordance with the installation guide provided by RWY, as a single copy, in one facility operated by the Customer on the date of the order or which the Customer may operate in the future, and to uninstall and reinstall it in the same location as many times as desired, it being specified that this right is strictly limited to one facility at a time, which may be located anywhere in the world;
- The right to operate, free of charge or for consideration, the climbing route thus built in the Customer’s facility;
- The worldwide right to reproduce or have reproduced the climbing route thus built in the Customer’s facility, by all current and future means and processes, on any communication medium, including paper, digital, or electronic media, including the Internet and social networks, without limitation in number, exclusively for the purpose of promoting or advertising the Customer’s facility;
- The worldwide right to represent or have represented the climbing route thus built on the above-mentioned media, by all current or future means or processes of communication and telecommunication, including broadcasting, any fixed and/or mobile electronic communication and radiocommunication network, including the Internet and social networks, and in particular through digital networks, without limitation in the number of representations, exclusively for the purpose of promoting or advertising the Customer’s facility.
Any use, exploitation, reproduction, or representation of the Product, the installation guide, and/or the constructed climbing route that is not expressly authorized under this article is strictly prohibited for the Customer.
The Customer undertakes to respect the Product and the author’s moral rights of the route setter in accordance with Article L. 121-1 of the French Intellectual Property Code, and in particular to ensure that the name and author status of the Product’s creator, namely the route setter, appear on all the above-mentioned communication media incorporating the constructed climbing route.
10.3.
RWY guarantees the Customer against any claim or infringement action that may be brought against the Customer by any third party claiming an intellectual property right in the Products, provided that the Customer: (i) immediately informs RWY in writing of any claim, action, or demand; (ii) allows RWY to retain sole control of its defense and of any negotiations aimed at reaching a possible settlement with the claimant; and (iii) provides RWY with all necessary assistance in connection with the defense or settlement of the dispute.
11. PERSONAL DATA
When an order is placed, the Customer’s personal data is collected in accordance with the General Data Protection Regulation of April 27, 2016 (GDPR) and the amended French Data Protection Act of January 6, 1978, and will be processed by RWY in its capacity as data controller.
The Customer is invited to consult RWY’s Personal Data Protection Policy, available here or on the Site by clicking the “Personal Data Protection Policy” link displayed at the bottom of each page.
12. HARDSHIP
The Parties expressly waive the right to rely on the provisions of Article 1195 of the French Civil Code and the hardship regime provided therein.
13. FORCE MAJEURE
The Parties shall not be held liable for any breach of their contractual obligations resulting from the occurrence of a force majeure event, as defined by Article 1218 of the French Civil Code and commonly interpreted by French case law.
Force majeure shall mean any external event beyond the reasonable control of either Party and not resulting from its fault or negligence. The Party invoking such an event shall notify the other Party of its occurrence as soon as possible, shall make its best efforts to limit its consequences, and shall resume performance of the contract as soon as the force majeure event has ceased.
However, if the force majeure event lasts for more than three (3) months, either Party shall be entitled to terminate the contract, without such termination being considered wrongful.
14. CUSTOMER SERVICE
For any question relating to these T&Cs, and more generally to the Products, the Customer may contact RWY:
- By post at the registered office address: 42 B, route du Revard, 73100 Aix-les-Bains, France
- By email: Contact us
15. WAIVER – SEVERABILITY
15.1.
The fact that either Party does not invoke a breach by the other Party of any obligation under the contract shall not be interpreted for the future as a waiver of the obligation in question.
15.2.
If any provision of these T&Cs is found to be invalid under applicable law or by a final court decision, it shall be deemed unwritten, without rendering these T&Cs invalid or affecting the validity of their other provisions.
16. APPLICABLE LAW – COMPETENT COURT
16.1.
These T&Cs and the sale of the Products are governed by French law.
16.2.
In the event of a dispute regarding the validity, interpretation, performance, or termination of these T&Cs, the Parties shall endeavor to seek and find an amicable solution.
Failing an amicable agreement, the dispute shall be brought before the competent court within the jurisdiction of the Lyon Court of Appeal.