General terms and conditions of sale
These General Terms and Conditions of Sale are applicable in the event of the 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 relating to 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.
It defines a professional as any natural or legal person, public or private, acting for purposes within the scope of his or her commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
A non-professional is defined as any legal entity acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.
ARTICLE 1 - DEFINITIONS
Customer
Non-professional purchaser who buys Products from the Vendor.
A non-professional Buyer is defined as, on the one hand, a consumer, i.e., any natural person 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, a non-professional, i.e., any legal entity acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.
Seller
A sales professional who offers Products for sale to Customers.
For the purposes of these general terms and conditions of sale, the Vendor refers to the simplified joint stock company MONSIEUR TSHIRT, registered with the RCS of BORDEAUX under number 792 414 542 on April 19, 2013 and domiciled at -8-10 RUE CANTELAUDETTE, 33310 LORMONT.
Order
Document used by the Customer to purchase 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.
The Vendor has 24 hours to accept the Order and return a copy to the Customer.
Products
All Products offered for sale by the Vendor, as shown in the Vendor'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 that, prior to any purchase of a Product, he/she has been provided, in a legible and comprehensible manner, with the present General Terms and Conditions of Sale and with all legal information, in particular information concerning :
- The essential characteristics of the Products,
- The price of the Products and related costs,
- The date or deadline by which the Vendor undertakes to deliver the Product,
- Information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- The Seller's corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address,
- The terms of payment, delivery and performance of the Products, as well as the Seller's complaint handling procedures,
- Information on legal and contractual warranties and how they apply,
- The possibility of resorting to conventional mediation in the event of a dispute under the conditions laid down in the French Consumer Code.
ARTICLE 3 - PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Vendor supplies Products to the Customer. They apply, without restriction or reservation, to all purchases of Products made by the Customer.
You are reminded of the provisions of article L 212-1 of the French Consumer Code, which states:
"In contracts concluded between professionals and consumers, terms are unfair if their purpose or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.
The unfairness of a clause is assessed by reference, at the time the contract is concluded, to all the circumstances surrounding its conclusion, as well as to all the other clauses 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 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, provided that the clauses are drafted in a clear and comprehensible manner".
As from their acceptance by the Customer, the General Terms and Conditions apply to all Products purchased by the Customer, to the exclusion of any other document.
Consequently, these General Conditions supersede and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements between the Vendor and the Customer.
The Customer declares that he has accepted the present General Terms and Conditions in their entirety prior to any purchase of a Product.
Article L.114-1 of the French Consumer Code states that:
"General terms and conditions invoked by one party only have effect with regard to the other if they have been brought to the latter's attention and if the latter has accepted them.
In the event of any discrepancy between the general terms and conditions invoked by either party, the incompatible clauses shall have no effect".
These General Terms and Conditions of Sale are valid for 10 years (TEN YEARS) from the date of 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 is that in force on the date of acceptance of the Order by the Vendor under the conditions set out below.
ARTICLE 4 - PRODUCT PURCHASE PROCESS VIA ORDERS
The Customer purchases Products by placing an Order.
Orders are placed via the following website
They will be sent by the Customer to the Vendor as and when required by the Customer.
The sales contract will only be considered definitive after acceptance of the Order by the Vendor and return of a copy of the Order to the Customer, and after receipt by the Vendor of the full price of the Products.
The General Terms and Conditions of Sale and the Orders form an indivisible whole.
In any event, the General Terms and Conditions of Sale do not constitute an order or an obligation on the part of the Customer to order Products.
ARTICLE 5 - PRODUCT PRICES
The Vendor undertakes to comply with all applicable consumer regulations and commercial practices.
Prices for delivery to France or to a member state of the European Union are quoted in Euros, inclusive of all taxes and excluding shipping costs.
For deliveries to countries outside the European Union, prices are indicated in the local currency, excluding taxes and shipping costs.
These prices are firm and non-revisable during their period of validity, as indicated in the Product catalog.
The Customer may benefit from the discounts and rebates shown in the aforementioned Product catalog, depending on the number of Products purchased.
Any order delivered outside mainland France may be subject to local taxes and customs charges, which are not included in the price of the Products or in the order confirmation.
These additional costs are the sole responsibility of the purchaser.
The customer acknowledges that he/she is an importer.
MONSIEUR TSHIRT shall in no circumstances be held liable for any additional costs incurred in the delivery of the order, other than the delivery charges invoiced at the time the order was placed.
ARTICLE 6 - TERMS OF PAYMENT
Products are payable in cash when the order is placed.
Payment for purchases is made by credit card or via a Paypal account.
The payment cards accepted are: CB, VISA and MASTERCARD via the ADYEN system.
The ADYEN payment system secures online payments by encrypting bank data.
ADYEN is registered under the number 34259528 and is located at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, Netherlands.
By using the ADYEN system proposed by the Vendor, the Customer expressly acknowledges that the communication of his/her bank card number constitutes authorization to debit his/her account up to the price of the Products ordered.
It is expressly stated that the financial data communicated by the Customer using the ADYEN system does not pass through the Vendor's computer system.
In order to facilitate the process of future Orders, the Customer is offered a banking data backup system.
In the event that the Customer expressly agrees to this, bank details are stored on ADYEN's server in encrypted form only, and are only kept for as long as is strictly necessary to manage customer relations.
Storage of the customer's bank details is not compulsory for ordering on the Site.
Payment information is transmitted according to the highest security standards, using the Secure Socket Layer protocol.
The ADYEN system systematically checks the security of the customer's connection before sending the payment form to the banking institution carrying out the transaction.
The ADYEN company, which owns the ADYEN system, is a technical service provider.
Consequently, the ADYEN company does not take charge of any disputes relating to Orders, which are handled by the Vendor in accordance with the present General Terms and Conditions of Sale.
The Vendor will not be obliged to deliver products ordered by the Customer if the price has not been paid in full.
No discount will be granted by the Vendor for payment before dispatch of the products ordered.
In the event of non-payment by the Customer of all or part of the price of the Order, the Vendor reserves, until full payment, a right of ownership over the products sold, enabling it to repossess said products.
ARTICLE 7 - PRODUCT DELIVERY
The Vendor undertakes to ensure that the Products delivered comply in all respects with the Order, with good practice, with legal and regulatory obligations and with current French and European standards.
In addition, the Vendor is liable for defects in conformity existing at the time of delivery of the Product.
Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The packaging, loading and securing of the Products for transport, as well as their unloading at the place of delivery, other than that defined by the Vendor, shall be carried out by the Customer at its own expense and under its own responsibility.
The Vendor shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to the Vendor or carried out under the Vendor's responsibility.
The Vendor will deliver the Products to the Customer in accordance with the terms and conditions set out in the corresponding Purchase Orders, and on the date or within the period indicated in said Purchase Orders.
The Vendor offers standard and express delivery services, both to the Customer's home and to a "point relais".
In the event of non-conformity of the Products to the rules of the art or to the Order, the Customer may request the Vendor, 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 period of time.
The transfer of ownership of the Products to the Customer will take place upon full payment of the price by the Customer, and the transfer of the risks of loss and deterioration will take place upon delivery of the Products.
Any parcel delivered to the correct relay point and not collected by the Customer will be invoiced for additional transport costs corresponding to the cost of returning the parcel to the Seller plus the cost of forwarding it to the relay point. The amount invoiced will be €3 (incl. VAT) for an eco relay point parcel, €5.90 (incl. VAT) for a relay point parcel and €11.90 (incl. VAT) for an express relay point parcel.
In the event of a parcel being returned to our workshop due to the impossibility of delivery, the customer will be contacted by our services and will have 30 days in which to respond. After this period, and without any response from the customer, the order will be considered as abandoned and will not be returned or reimbursed.
In the event of a dispute concerning receipt of a package indicated as delivered by the carrier, the customer is invited to contact customer service within ten (10) days of the delivery date shown on the tracking number.
In this case, the customer may be asked to provide a sworn statement of non-receipt of the parcel, as well as any other information required to process the request.
During the investigation, Monsieur TSHIRT may propose, as a commercial solution and without recognition of liability, either the return of the order, or the issue of a credit note corresponding to the amount of the order.
In the event of confirmation of non-delivery by the carrier at the end of the investigation, Monsieur TSHIRT will reimburse the order according to the legal terms in force if the package has not been reshipped in the meantime.
ARTICLE 8 - LEGAL WARRANTIES ON PRODUCTS
The Customer acknowledges having been informed, prior to the issue of any Order, and declares to be fully aware of the legal warranties, which apply to the Products and which he/she benefits from ipso jure and without further payment, namely :
- The legal warranty of conformity provided for in the French Consumer Code for Products which appear to be defective, damaged or damaged or which do not correspond to the Order, enabling the Customer to obtain, within two years of delivery of the Product, free of charge, the repair or replacement of the Product.
- The legal warranty for hidden defects provided for in the French Civil Code, arising from a material, design or manufacturing defect affecting the Product delivered and rendering it unfit for use, under which the Customer may request, within two years of discovery of the defect, total or partial reimbursement of the Product which has proved unfit for use.
In order to assert his rights, the Customer must inform the Vendor, 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 components, including accessories, packaging and instructions.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective. In the case of delivery, shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements 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 hidden defect.
The Vendor may not be held liable in the event of misuse of the Product, use that does not comply with the instructions provided by the Vendor, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product or failure in the event of an accident.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
Any request relating to the Products must be made to the address given in article 15 (Election of domicile).
ARTICLE 9 - CUSTOMIZABLE PRODUCTS
The Vendor provides the Customer with a service of customizable Products.
This service enables the Customer to personalize the Product of his choice with the motif or text of his choice.
The Customer transmits to the Vendor a personal motif and/or text, and assures the Vendor that the motif 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 of the Customer transmitting to the Vendor a motif and/or text infringing the rights of third parties, whatever they may be, the responsibility will rest entirely with the Customer.
The Customer shall indemnify the Vendor against all claims and rights arising from the infringement of third-party rights.
In the event of judicial or extra-judicial action being taken against the Vendor due to the infringement of third-party rights by means of a customizable Product ordered by a Customer, the Customer shall fully indemnify the Vendor against any and all judgments that may be rendered against the Vendor in this respect.
It is expressly agreed that Customizable Products are not subject to the right of withdrawal provided for in article 13 of these general terms and conditions of sale.
Article L.121-21-8 of the French Consumer Code stipulates the following:
ARTICLE 10: ECO-PARTICIPATION
As a producer, MONSIEURTSHIRT is obliged to collect an eco-participation from its customers for all EPR channels, which is then paid to the various eco-organizations in order to finance waste collection, recycling and recovery channels.
To this end, Monsieurtshirt is a member of the various EPR networks relevant to its activity.
You will find below all the eco-organizations and the unique identifier for Monsieurtshirt:
- Packaging: FR256200_01JGNO
- Textiles: FR256200_11FKKW
ARTICLE 11 - 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 intellectual property rights or any other rights belonging to a third party.
The sale of Products does not confer any right on the Customer in respect of trademarks or distinctive signs affixed by the Vendor to the Products and associated documentation.
Furthermore, the Vendor remains the owner of all intellectual property rights, in particular on photographs, presentations, studies, drawings, models and prototypes produced as part of the supply of Products.
Consequently, the Customer shall refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, in particular, without the Vendor's express prior written authorization.
ARTICLE 12 - INSURANCE
The Vendor hereby declares that it holds an insurance policy covering the financial consequences of any tort or contractual liability that may be incurred in connection with the sale of the Products.
ARTICLE 13 - COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATION
In accordance with the new legislation in force and in particular the General Data Protection Regulation, the Vendor 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 is responsible for the processing of personal data and for the free circulation of such data.
Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the RGPD, are involved in data processing.
All information collected is only used in the context of the Customer's commercial relationship with the Seller and is never shared with third parties or resold.
Customer personal data is collected for the following purposes:
- Management and processing of Orders (ordering, delivery, invoicing, order tracking, returns and refunds, etc.)
- Customer relationship management
- Reinforcing and improving communication on the Vendor's website, in particular by sending newsletters and special offers based on customer preferences identified on the
website. - The improvement and personalization of services and offers proposed to the Customer
In accordance with the RGPD, the Customer has a right of access, rectification and opposition to personal data concerning him/her under the conditions provided for by the law and regulations in force.
To exercise one or more of the aforementioned rights, the Customer must send a request by post 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 Vendor may send him/her information relating to Products and commercial offers by email or sms subject to prior acceptance.
The Customer may at any time object, free of charge, to such commercial prospecting by clicking on the "unsubscribe" link in each e-mail, by replying STOP by SMS or by making a request to Customer Service.
When consulting the Site, information relating to terminal navigation may be recorded in "Cookies" files.
The Vendor issues these cookies to make it easier for customers to navigate the Site.
They may also be issued by the Vendor's partners in order to personalize advertising offers sent outside the Site.
These cookies are installed only after acceptance by the Customer, and continued browsing of the Website constitutes acceptance.
The Customer may oppose the use of these cookies by configuring his/her browser or by modifying the authorizations given via the cookie management link in the footer of each of the Vendor's sites, bearing in mind that access to certain services may require prior acceptance of cookies.
The Customer accepts that the placing of an Order entitles the Vendor to send him/her information about the Products and commercial offers by e-mail, SMS or third-party communication service for a period of two years from the date of his/her last order. At the end of this period, the contact details 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 canvassing purposes, at any time and on simple request, by sending an e-mail to rgpd@monsieurtshirt.com.
ARTICLE 14 - RIGHT OF WITHDRAWAL AND MEDIATION
The Customer has a period of 14 (FOURTEEN) days in which to exercise his/her right of withdrawal and request the return of the Product(s) ordered.
The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in the event of the latter's absence, from the date of first presentation of the parcel containing the Products.
The Customer then has a period of 16 (SEIZE) days in which to return the parcel, by post, by carrier or at a Collection Point, to the address indicated in article 15 of these general terms and conditions of sale.
However, Monsieur TSHIRT extends the total period (retraction + return) to a total of 100 days from the date of delivery.
The following products are neither exchangeable nor refundable: customizable products, protective masks and underwear.
Returns are free of charge to the Customer in Metropolitan France, on condition that the delivery note issued by the Seller's Customer Service Department is returned to the Seller.
Any return made by the Customer without using the delivery note issued by the Vendor 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 the event of damage to the packaging or the product, the Vendor may refuse the return, replacement or refund.
No refunds will be made if the product is returned damaged, already worn, or already washed.
As stated in article 9 of these general terms and conditions of sale, customizable products are expressly excluded from the right of withdrawal, in accordance with article L.121-21-8 of the French Consumer Code.
In accordance with article L. 612-1 of the French Consumer Code, the consumer, subject to article L.612.2 of the French Consumer Code, has the right to request an amicable resolution by mediation, within a period of less than one year from the date of his or her written complaint to the professional.
MONSIEUR TSHIRT has designated SAS Médiation Solution as a consumer mediation body, by a membership registered under number 17865/VM/2601.
To refer a matter to the mediator, the consumer must submit his or her request :
- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost
- Or by e-mail to: mediation@sasmediationsolution-conso.fr
- Or by completing the online form entitled "Contact the mediator" on the https://www.sasmediationsolution-conso.fr website.
Whatever the means of referral used, the request must contain :
- The applicant's postal address, telephone number and e-mail address,
- The name, address and Sas Médiation Solution registration number of the professional concerned,
- A brief statement of the facts,
- A copy of the prior complaint,
- Any documents required to investigate the claim (purchase order, invoice, proof of payment, etc.).
ARTICLE 15 - APPLICABLE LAW
Contractual relations between the Customer and the Vendor are governed by French law.
Any difficulty arising from the execution, interpretation or termination of these General Terms and Conditions of Sale and the Orders arising therefrom, or more generally from the commercial relationship between the Vendor and the Customer, which cannot be resolved amicably, shall be submitted to the jurisdiction of the courts of Bordeaux.
The Customer is hereby informed that he may have recourse to conventional mediation, notably under the aegis of the Commission d'évaluation et de contrôle de la médiation de la consommation, in accordance with the conditions laid down in the French Consumer Code.
ARTICLE 16 - ELECTION OF DOMICILE
For the purposes hereof, the Vendor elects domicile at the following address:
MONSIEUR TSHIRT Company
8-10 RUE CANTELAUDETTE, 33310 LORMONT, FRANCE
ARTICLE 17 - CONTRACTUAL DOCUMENTS
The contractual relationship between the Customer and the Company is governed by the following documents, listed in ascending hierarchical order:
- The General Terms and Conditions of Sale and any appendices (including the Order template)
- Orders
Pursuant to the provisions of article 1119 of the French Civil Code:
"In the event of any discrepancy between general conditions and special conditions, the latter shall prevail over the former".