General terms and conditions of sale
These General Conditions of Sale are applicable in case of sale of products by a professional seller to a consumer. Sale is defined by Article 1582 of the Civil Code as an agreement by which one obliges himself to deliver a thing, and the other to pay for it.
These General Conditions incorporate the provisions of Ordinance No. 2016-301 of March 14, 2016 on the legislative part of the Consumer Code.
As a reminder, the aforementioned ordinance understands by Consumer, any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
By professional, it means any natural or legal person, public or private, who is acting for purposes within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he is acting in the name or on behalf of another professional.
A non-professional is defined as any legal entity that acts for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity.
ARTICLE 1 - DEFINITIONS
Non-professional buyer who purchases Products from the Seller.
Non-professional Buyer is defined on the one hand as a consumer, i.e., any natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, and on the other hand, as a non-professional, i.e., any legal entity that is acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.
Sales professional who offers Products for sale to Customers.
Under these general conditions of sale, the Seller means the simplified joint stock company MONSIEUR TSHIRT, registered in the RCS of BORDEAUX under number 792 414 542 on 19 April 2013 and domiciled -8-10 RUE CANTELAUDETTE, 33310 LORMONT.
Document used by the Customer to proceed with the purchase of Products.
It specifies in particular the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the terms of delivery of the Products, the date or times of delivery of the Products.
Seller shall have 24 hours to accept the Order and return a copy to Customer.
All Products offered for sale by the Seller in the Seller's catalogs.
These catalogs describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and have performances compatible with the Customer's uses.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER
The Customer acknowledges having been informed, prior to any purchase of Products, in a legible and comprehensible manner, of the present General Conditions of Sale and of all legal information, in particular information concerning
- The essential characteristics of the Products,
- The price of the Products and related costs,
- The date or the deadline by which the Seller undertakes to deliver the Product,
- Information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
- The corporate name of the Seller, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address,
- The methods of payment, delivery and execution of the Products, as well as the methods foreseen by the Seller for the treatment of complaints,
- Information on the legal and contractual guarantees and their implementation modalities,
- The possibility of resorting to a conventional mediation in case of dispute under the conditions provided for by the Consumer Code.
ARTICLE 3 - OBJECT
These General Terms and Conditions of Sale are intended to define the conditions under which the Vendor supplies the Products to the Customer and apply, without restriction or reservation, to all purchases of Products made by the Customer.
We remind you of the provisions of Article L 212-1 of the Consumer Code, which states:
"In contracts concluded between professionals and consumers, are unfair the clauses which have the purpose or effect of creating, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.
The unfairness of a term is assessed with reference to all the circumstances surrounding its conclusion at the time the contract is concluded, as well as to all the other terms of the contract. It is also assessed with regard to those contained in another contract when the two contracts are legally linked in their conclusion or performance.
The assessment of the unfairness of the clauses within the meaning of the first paragraph does not concern the definition of the main object of the contract, nor the adequacy of the price or remuneration for the good sold or the service offered, as long as the clauses are drafted in a clear and comprehensible manner.
As of their acceptance by the Customer, the General Conditions apply to all Products purchased by the Customer, to the exclusion of any other document.
Accordingly, these General Conditions supersede and cancel all prior declarations, negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements between the Seller and the Customer.
The Customer declares to have accepted the present General Conditions in their entirety before any purchase of Product.
It is recalled the article L.114-1 of the Code of consumption according to which:
"The general conditions invoked by a party shall only have effect with respect to the other party if they have been brought to the knowledge of the latter and if it has accepted them.
In case of discrepancy between the general conditions invoked by one party and the other, the incompatible clauses are without effect.
The present General Terms and Conditions of Sale are valid for 10 years (TEN YEARS) from their acceptance by the Customer.
They may be amended at a later date, in particular to take account of changes in legislation and regulations. The version applicable to the purchase of Products by the Customer shall be the one in force on the date of acceptance of the Order by the Seller under the conditions set out below.
ARTICLE 4 - PROCESS OF PURCHASE OF THE PRODUCTS VIA THE ORDERS
The Customer shall proceed to purchase Products by placing an Order.
These orders are placed through one of the following web sites :
They will be addressed by the Customer to the Salesman as and when required by the Customer.
The sales contract shall be considered final only after acceptance of the Order by the Salesman and return of a copy of the Order to the Customer and after receipt by the Salesman of the full price of the Products.
The General Terms and Conditions of Sale and the Order form an indivisible whole.
In any event, the General Terms and Conditions of Sale shall not constitute an order or an obligation on the part of the Customer to order Products.
ARTICLE 5 - PRICE OF THE PRODUCTS
The Salesperson undertakes to respect all applicable consumer and trade practices.
The prices for France or a member country of the European Union are indicated in Euros including all taxes, excluding shipping costs.
The prices for France or a member country of the European Union are indicated in Euros including all taxes, excluding shipping costs.
These prices are firm and non-revisable during their period of validity, as indicated in the Product catalog.
The Customer will be able to benefit from the discounts and rebates listed in the aforementioned Product catalog depending on the number of Products purchased.
Any order delivered outside the territory of metropolitan France may be subject to local taxes and customs fees, which are not included in the price of the products or in the order confirmation.
These additional costs are the sole responsibility of the buyer.
The customer recognizes to have in this frame the quality of importer.
MONSIEUR TSHIRT will in no case be required to bear additional costs to the delivery of the order outside the delivery charges charged at the conclusion of the order.
ARTICLE 6 - CONDITIONS OF PAYMENT OF THE PRODUCTS
The Products are payable in cash at the time of the actual Order.
Payment for purchases is made by credit card or via a Paypal account.
The accepted payment cards are: CB, VISA and MASTERCARD via the ADYEN system.
The ADYEN payment system used allows to secure online payments by an encryption process of the banking data.
The company ADYEN is registered under the number 34259528 and is located at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, The Netherlands.
By using the ADYEN system proposed by the Seller, the Customer expressly recognizes that the communication of his bank card number is equivalent to the authorization to debit his account up to the price of the ordered Products.
It is expressly indicated that the financial data communicated by the Customer using the ADYEN system do not pass through the Seller's computer system.
In order to facilitate the process of future Orders, the Customer is offered a system for saving his bank data.
In the event that the Customer expressly agrees to this, the bank details are stored on the ADYEN server in encrypted form only and are only kept for the time strictly necessary to manage the customer relationship.
The saving of the banking information of the Customer is not obligatory to order on the Site.
The payment information is transmitted according to the highest security standards, thanks to the Secure Socket Layer protocol system.
The ADYEN system proceeds to a systematic verification of the security of the Customer's connection before sending the payment form to the banking institution which carries out the transaction.
The company ADYEN which holds the ADYEN system is a technical provider.
Consequently, the company ADYEN does not take charge of the disputes related to the Orders, these last ones being treated by the Salesman, in accordance with the present General Conditions of Sale.
The Salesman will not be held to proceed to the delivery of the products ordered by the Customer if the price was not beforehand regulated to him in totality.
No discount shall be given by the Seller for payment before shipment of the ordered products.
In the event of non-payment by the Customer of all or part of the price of the Order, the Seller reserves, until full payment, a right of ownership over the products sold, allowing it to repossess said products.
ARTICLE 7 - DELIVERY OF THE PRODUCTS
The Seller undertakes to ensure that the Products delivered comply in every respect with the Order, with the rules of the trade, with legal and regulatory obligations and with current French and European standards.
Furthermore, the Seller shall be liable for defects in conformity existing at the time of delivery of the Product.
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The packaging, loading and wedging of the Products for transport, as well as the unloading at the place of delivery, other than that defined by the Seller, shall be carried out by the Customer at its own expense and under its responsibility.
The Seller shall also be liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been placed at its expense or has been carried out under its responsibility.
The Seller shall deliver the Products to the Customer in accordance with the terms and conditions set forth in the corresponding Sales Order and on the date or within the period indicated in said Sales Order.
5 (FIVE) delivery methods are available, according to the following rates
- Mondial Relay - Free of charge
- Chrono Relais - 3,90 euros TTC, free of charge from 40€ of purchases
- Home delivery - Free
- Colissimo 48 - 72H at 4,90 euros TTC
- Chronopost 24H at 9,90 euros TTC
In case of non-conformity of the Products to the rules of art or to the Order, the Customer may ask the Seller, by e-mail, to proceed with a new delivery of the Products in accordance with the provisions set out in the Order within a reasonable time.
Ownership of the Products shall pass to the Customer upon full payment of the price by the Customer and the transfer of the risks of loss and deterioration shall occur upon delivery of the Products.
ARTICLE 8 - LEGAL GUARANTEES ON THE PRODUCTS
The Client acknowledges having been informed of and agrees to abide by the legal warranties by which the Products are covered before the Sales Order is placed, namely
- The legal warranty of conformity provided by the French Consumer Code for apparently defective, damaged or damaged Products or Products that do not correspond to the Sales Order and that allow the repair or replacement of the Product within two years of the date of delivery, at no extra cost.
- The legal warranty for hidden defects provided for in the Civil Code, arising from a defect in material, design or manufacture affecting the Product delivered and rendering it unfit for use, under which the Customer may request, within a period of two years from the discovery of the defect, full or partial reimbursement of the Product that has proved unfit for use.
In order to assert his rights, the Customer shall inform the Seller in writing of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the condition in which they were received with all the elements, including accessories, packaging and instructions.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective. In the case of delivery, shipping costs will be refunded on the basis of the invoiced rate and return shipping costs will be refunded upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible after the Seller has established the non-conformity or the hidden defect.
The Seller shall not be held liable for misuse of the Product, use that does not comply with the instructions for use provided by the Seller, use for professional purposes, negligence or lack of maintenance on the part of the Customer, nor for normal wear and tear of the Product or failure in the event of an accident.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Any request relating to the Products must be made to the address given in Article 15 (Election of domicile).
ARTICLE 9 - CUSTOMIZABLE PRODUCTS
The Seller provides the Customer with a service of customizable Products.
Through this service, the Customer has the possibility to personalize the Product of his choice with the motif or text of his choice.
The Customer shall transmit to the Seller a personal design and/or text, and shall assure the Seller that the design and/or text are free from infringement of third party rights, in particular intellectual property rights of any kind, as well as personality rights or rights to a name.
In the event that the Customer transmits to the Seller a design and/or text that infringes any third party rights, the Customer shall be fully liable.
The Customer shall exempt the Seller from any claims and rights asserted on account of infringement of third party rights.
In the event that any judicial or extra-judicial action is brought against the Seller due to the infringement of third party rights by means of a customizable Product ordered by a Customer, the Customer shall fully indemnify the Seller against any and all judgments that may be entered against it in this regard.
It is expressly agreed that the customizable Products cannot be the subject of the right of withdrawal provided for in Article 13 of these general conditions of sale.
Thus, Article L.121-21-8 of the Consumer Code states:
"The right of withdrawal cannot be exercised for contracts (...) for the supply of goods made to the specifications of the consumer or clearly personalized".
ARTICLE 10 - INTELLECTUAL PROPERTY AND COUNTERFEIT GUARANTEE
The Seller obtains all intellectual property rights and all necessary authorizations relating to the Products and associated documentation and guarantees that the Products and associated documentation do not constitute an infringement of the intellectual property rights or any other rights belonging to a third party.
The sale of the Products does not give the Customer any right to the trademarks or distinctive signs affixed by the Seller on the Products and the associated documentation.
Furthermore, the Seller remains the owner of all intellectual property rights, in particular, on the photographs, presentations, studies, drawings, models and prototypes produced in the context of the supply of the Products.
Consequently, the Customer shall refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, in particular, without the Seller's express prior written authorization.
ARTICLE 11 - INSURANCE
The Seller declares that it is the holder of an insurance policy guaranteeing the financial consequences of the implementation of its tort or contractual liability that may be incurred in connection with the sale of the Products.
ARTICLE 12 - COMPLIANCE WITH THE GENERAL REGULATION ON DATA PROTECTION
In accordance with the new legislation in force and in particular the General Data Protection Regulation, the Seller undertakes to protect the privacy of Customers using its website and to ensure the security and confidentiality of its Customers' personal data, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties.
The Vendor acts as the person responsible for the processing of personal data and for the free circulation of such data.
The personal data of Customers may be passed on to service providers and contractual partners who, as processors within the meaning of the RGPD, are involved in the processing of the data.
All information collected is only used in the context of the Customer's business relationship with the Seller and is never shared with third parties or resold.
The personal data of Customers are collected for the following purposes:
- Management and processing of Orders (order, delivery, billing, order tracking, returns and refunds...)
- Management of the relationship with the Clients
- Reinforcing and improving the communication of the Vendor's Web site by sending newsletters and special offers according to the Customer's preferences noted on the site
- Improving and personalizing the services and offers proposed to the Customer
In accordance with the RGPD, the Customer has a right of access, rectification and opposition to the personal data concerning him/her under the conditions provided for by the law and the regulations in force.
To exercise one or more of the aforementioned rights, the Customer must send a request by mail to the Seller's customer service department.
Each request must be accompanied by a photocopy of an identity document bearing the Customer's signature and must specify the reply address.
The Customer accepts that the Seller may send him information relating to the Products and commercial offers by email or sms subject to prior acceptance.
The Customer may at any time object to these commercial prospecting mailings at no cost, by clicking on the "unsubscribe" link in each email, by replying STOP by SMS or by making a request to the Customer Service.
During the consultation of the Site, information relating to the navigation of the terminal is likely to be recorded in "Cookies" files.
The Seller issues these cookies to facilitate the Customer's navigation on the Site.
They may also be issued by the Vendor's partners in order to personalize the advertising offer sent outside the Site.
These cookies are installed only after acceptance by the Customer, the continuation of the navigation on the Website being considered as acceptance.
The Customer agrees that the Order placed shall entitle the Seller to send him/her information about the Products and commercial offers by e-mail, sms or third party communication serviceAt the end of this period, the contact information will no longer be kept. The Customer may, at any time and at no cost, object to his/her e-mail address or telephone number being used for commercial prospecting purposes, at any time and upon simple request, by sending an e-mail to email@example.com
ARTICLE 13 - RIGHT OF WITHDRAWAL
The Customer has a period of 14 (FOURTEEN) days to exercise his right of withdrawal and make a request for the return of the Product(s) he has ordered.
The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in case of absence of the latter, from the date of first presentation of the package containing the Products.
The Customer then has a period of 16 (SEIZE) days to return the package, by post, by carrier or in a collection point at the following address indicated in article 15 of these general conditions of sale.
However,Monsieur TSHIRT extends the total period (withdrawal + return) to a total of 100 days from the date of delivery.
The following products are neither exchangeable nor refundable: customizable products and protective masks.
Returns are free of charge in Metropolitan France for the Customer, provided that the delivery slip issued by the Customer Service Department of the Seller is returned to the Seller.
Any return made by the Customer without using the delivery note issued by the Seller will be entirely at the Customer's expense.
The product(s) must be returned in their original packaging, in perfect condition for resale and accompanied by the invoice.
In case of deterioration of the packaging or the product, the Seller may refuse the return, replacement or refund.
Any refund is excluded in the event that the product was returned damaged, already worn, or already washed.
As recalled in Article 9 of these general conditions of sale, customizable Products are expressly excluded from the right of withdrawal, under Article L.121-21-8 of the Consumer Code.
ARTICLE 14 - APPLICABLE LAW
The contractual relations between the Customer and the Seller are governed by French law.
Any dispute arising from the performance, interpretation or termination of the present General Terms and Conditions of Sale and related Orders, or more generally from the commercial relationship between the Vendor and the Customer, that cannot be settled amicably, shall be submitted to the jurisdiction of the courts of Bordeaux.
The Customer is hereby informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Commission d'évaluation et de contrôle de la médiation de la consommation, under the conditions provided for in the Consumer Code.
ARTICLE 15 - ELECTION OF DOMICILE
For the purposes hereof, the Seller elects domicile at the following address
Company MONSIEUR TSHIRT
8-10 RUE CANTELAUDETTE, 33310 LORMONT
ARTICLE 16 - CONTRACTUAL DOCUMENTS
The contractual relationship between the Customer and the Company is governed by the following documents, listed in ascending order of priority:
- The General Terms and Conditions of Sale and their possible annexes (including the Order model)
- The Orders
Pursuant to the provisions of Article 1119 of the Civil Code:
"In the event of a discrepancy between the general conditions and the special conditions, the latter shall prevail over the former".