Refund policy

applicable from 01/19/2021

Article 1. Parties

This reimbursement policy is applicable between Fashion City, SARL, share capital: 150000 €, recorded at the RCS of Puppet in France THE 09/11/2006, under the number 491786174, the head office : 36 rue Diderot, France, phone : +33148337720, E-mail : shop@toxik3.com, Intra-community VAT number : FR77491786174, hereinafter "the Publisher" and any person, physical or legal, of private or public law, registered on the site to buy a product, below "the customer".

 

Article 2. DEFINITIONS

« Customer»: Any person, physics or legal, of private or public law, registered on the site.

« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

« The Publisher » : Fashion City, SARL taken in its capacity as editor of the site.

« Internet user»: Any person, physics or legal, of private or public law, connecting to the site.

« Product": Well of all kinds sold on the site by the Publisher to customers.

« Site": URL accessible website www.toxik3.com, as well as sub-sites, mirror sites, gates and variations in related URLs.

Article 3. Field of application

The site is free and free access to any internet user. Navigation on the site supposes acceptance by any internet user of these General Conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take full acceptance of these general conditions. When registering on the site, this acceptance will be confirmed by checking the corresponding box.

The internet user recognizes in the same fact having taken fully aware of it and accepting them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidence of the author's automatic registration systems of the Publisher and, except for him to provide contrary, he gives up to challenge them in the event of a dispute.

These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

The acceptance of these general conditions requires on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minors, or even they hold a mandate if they act on behalf of a legal person.

Article 4. Site object

The purpose of the site is the sale of products to customers.

Article 5. Order steps

5.1. Order

In order to order, Internet users will be able to select one or more products and add them to their basket. The availability of products is indicated on the site, in the description sheet of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

By consulting their basket, Internet users will have the ability to check the number as well as the nature of the products they have chosen and will be able to check their unit price, as well as their overall price. They will have the opportunity to remove one or more products from their basket.

If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the site by completing the registration form using personal information concerning them.

5.3. Payment by the Customer

As soon as they are connected or after they have perfectly completed the registration form, customers will be invited to control or modify their delivery and billing contact details, then will be invited to make their payment by being redirected for this purpose On the secure payment interface including the mention "order with payment obligation" or any similar formula.

5.4. Confirmation of the order by the Publisher

Once the payment is actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the customer a summary email of the order and confirming the processing, taking up all the information relating to it.

Article 6. Price - Payment

6.1. Price

The applicable prices are those displayed on the site on the day of the order. These prices can be changed at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have an effect for the future.

The prices indicated on the site are heard in euros, all taxes included, excluding delivery costs.

6.2. Payment method

The customer can pay by Shopify Payments. Bank card payments are made by means of secure transactions provided by Shopify Payments.

As part of bank card payments, the Publisher does not have access to any data relating to the customer's payment methods. Payment is made directly in the hands of the banking establishment.

In the event of payment by mandate, check or bank transfer, delivery times only start to run from the date of payment of payment by the Publisher.

6.3. Billing

The Publisher will send or provide the customer with an invoice by electronic means after each payment. The customer expressly agrees to receive invoices electronically.

6.4. Default

The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.

Any sum not paid at the due date will give rise, automatically and without formal notice, to the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this Penalty harvested with the exigibility of the sums due in principal.

In addition, any delay in payment will result in invoicing to the customer defaulting the recovery costs of 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by compensation for compensation 20 % of the amount as a penal clause, as well as the possibility of terminating the contract unilaterally to the harm of the customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce compensation if the judge considers that it is excessive.

6.5. Reserve of ownership

The products sold remain the property of the Publisher until full payment of their price, in accordance with this reserve of ownership clause.

Article 7. Reclamation - Retractation - Guarantee

7.1. Customer service

Site customer service is accessible from Monday to Friday10:00 To 18:00 to the following non -surcharged telephone number: +33 148 337720, by email to: shop@toxik3.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide an answer under 2 open days.

 

7.2. Right of withdrawal - Distance sale

This article 7.2 is applicable to the customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.

7.2.1. Conditions of exercise of the right of withdrawal

In accordance with the legislation in force in terms of distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, if necessary , return costs.

The period mentioned in the previous preceding paragraph to count either from the day when the remote contract is concluded for contracts relating to the provision of a service provision and/or the provision of digital content not provided on a support material, either from the reception of the property by the customer or a third party, other than the carrier, appointed by him, for contracts for the sale of goods and the contracts for the provision of services including the delivery of goods.

In the case of an order relating to several goods delivered separately or in the case of an order of an property made up of lots or multiple parts whose delivery is staggered over a defined period, the time runs from receipt of the last good or lot or the last room. For contracts providing for regular delivery of goods for a defined period, the time short from receipt of the first property.

When the fourteen -day period expires on a Saturday, a Sunday or a holiday or an unemployed day, it is extended until the first next working day.

The withdrawal decision must be notified to the Publisher to the contact details indicated in article 1 of these General Conditions by means of a declaration devoid of ambiguity. The Customer has, for example, the possibility of using the standard form provided at the end of these General Conditions. In any event, the Publisher will send to the customer at the earliest an acknowledgment of receipt of the said withdrawal by email.

7.2.2. Effects of the right of withdrawal

The customer returns or restores the products to the professional or anyone designated by the latter, without excessive delay and, at the latest, within fourteen days of the communication of his decision to retract.

When the right of withdrawal is exercised, the professional is required to reimburse the customer from all the sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. If necessary, the professional may postpone the reimbursement until the products are recovered or until the customer has provided proof of the shipment of the products, as soon as possible of the two events. Beyond that, the sum due is automatically productive at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.

If necessary, the professional makes the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for the use of another means of payment and insofar as reimbursement Do not cause fees for the customer. However, the professional is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered.

Direct cost for returning the product are the responsibility of the customer. These costs are estimated at a maximum of 20 euros if, due to its nature, the product cannot normally be returned by post.

The customer's responsibility is only engaged in the depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product.

The conditions, deadlines and methods of exercising the right of withdrawal are exposed in the standard form provided at the end of these general conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

  • provision of services fully executed before the end of the withdrawal period and whose execution began after express prior agreement of the Customer and expressly renouncing his right of withdrawal;
  • provision of goods made according to customer or clearly personalized specifications;
  • provision of goods likely to deteriorate or expire quickly;
  • provision of goods which have been unconstruction by the customer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • provision of goods which, after having been delivered and by their nature, are inseparable with other articles;
  • provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market escaping the control of the professional;
  • maintenance or repair work to be carried out in emergency at the customer's home and expressly asked by him, within the limits of spare parts and strictly necessary works to respond to the emergency;
  • Supply of audio or video recordings or computer software when they were unzore by the customer after delivery;
  • providing a newspaper, periodical or magazine, except for subscription contracts to these publications;
  • concluded during a public auction;
  • services of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
  • Supply of digital content not provided on a material support whose execution began after express prior agreement of the Customer and expressly renouncing their right of withdrawal.

Likewise, the right of withdrawal is not applicable to contracts fully executed by the two parties at the express request of the customer before the latter exercised his right of withdrawal.

When validating the order of digital content independent of any material medium before the expiration of the withdrawal period, the customer's renunciation of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: "I expressly renounce my 14 -day withdrawal right for delivered products".The customer will then receive an email confirmation from his renunciation of the right of withdrawal.

When validating the order of a service, the customer's renunciation of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: "I expressly renounce my 14 -day right of withdrawal for the services I would benefit from before the flow of this period."The customer will then receive an email confirmation from his renunciation of the right of withdrawal.

The Customer who has exercised his right of withdrawal of a contract for the provision of services whose execution began, at his express request, before the end of the withdrawal period paid to the professional an amount corresponding to the service provided until the communication From his decision to retract, this amount being proportional to the total price of the service agreed in the contract.

7.3. Resolution of the contract on the customer's initiative

The consumer customer may denounce the contract by registered letter with request for acknowledgment of receipt in the event of exceeding the date of delivery of the property exceeding seven days. The customer will then be refunded the sums engaged by him when ordering.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to exercise prosecution against the Publisher and renounce to take advantage of the resolution of the sale provided for in this article.

7.4. Guarantees

7.4.1. Guarantee of visible defects and defects

It is up to the customer to check the good condition of the products at the time of delivery. This verification must in particular relate to the quality, quantities and references of the products as well as their compliance with the order. No complaints will be taken into account after three days from delivery. In any event, any complaint concerning the parcels delivered will only be taken into account if the customer having the quality of merchant has issued reservations to the carrier in accordance with articles L. 133-3 and following

7.4.2. Guarantee of hidden defects and defects
7.4.2.1. Legal guarantees

Customers have a legal guarantee of compliant issuance (article 1604 of the civil code), a legal guarantee against hidden defects (articles 1641 and s. Of the Civil Code) and a security guarantee (articles 1245 and s . of the civil code).

Customers with the quality of consumers also have a legal guarantee of compliance (articles L. 217-4 and s. Consumer code).

7.4.2.2. Conventional guarantee

The products benefit, in addition to the legal warranty, from a conventional guarantee of compliance on French territory, of a period of 1 years from the delivery of the product.

7.4.2.3. Feedback

In order to implement the guarantee, it is up to the customer to return the product to the editor's headquarters, accompanied by an explanatory letter by asking for either the repair, the exchange, or refund.

In any event, the customer is asked to follow precisely the instructions of the Publisher relating to the return of the products.

The return costs of the product remain the responsibility of the customer, except for consumer customers implementing the guarantee of compliance of articles L. 217-4 and S. consumer code.

The consumer customer has a period of 2 years from the issuance of the property to act with the seller. As such, he can choose between the repair or replacement of the product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code. Finally, the Customer is exempt from reporting proof of the existence of the lack of compliance of the product during the 24 months following the issuance of the said product, except for second -hand goods.

 

If necessary, the legal compliance guarantee applies independently of the commercial guarantee.

 

When the consumer customer decides to implement the guarantee of hidden defects, he can choose between the resolution of the sale or a reduction in the sale price.

Article 8. Final stipulations

8.1. Applicable right

These general conditions are subject to the application of French law.

8.2. Changes from these General Conditions

These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.

8.3. Disputes

Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer client who could arise within the framework of the execution of these general conditions and whose solution could not be found beforehand amicable between the parties should be subject to Medicalys: www.medicalys.fr.

In addition, the consumer customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Any dispute relating to this contract or in relation to it will be decided by arbitration in accordance with the regulation of the Digital Arbitration and Mediation Institute: www.fast-arbiter.com.

8.4. Full

The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.

8.5. Non-renunciation

The absence of exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.

8.6. Phone canvassing

The customer is informed that he has the possibility of registering on the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/. 

8.7. Languages ​​of these General Conditions

These general conditions are offered in French.

8.8. Abusive clauses

The stipulations of these General Conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.