applicable from 01/19/2021
ARTICLE 1. PARTIES
This refund policy is applicable between Fashion City, SARL, share capital: 150000 €, registered with 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 : firstname.lastname@example.org, Intra-community VAT number : FR77491786174, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer»: Any person, natural or legal, of private or public law, registered on the Site.
"Site contents » : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Editor": Fashion City, SARL taken in its capacity as publisher of the Site.
"Internet user»: Any person, natural or legal, of private or public law, connecting to the Site.
"Product": Goods of any kind sold on the Site by the Publisher to Customers.
"Site": Website accessible at URL www.toxik3.com, as well as related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept 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 evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to verify the number and the nature of the Products they have chosen and will be able to verify their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose. on the secure payment interface with the words “order with payment obligation” or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
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 have no effect for the future.
The prices indicated on the Site are understood in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can make his payment by Stripe. Payments by credit card are made through secure transactions provided by To be completed [bankGateways].
In the context of payments by bank card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid on the due date will give rise, as of right and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty prejudices the exigibility of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
The Site's customer service is accessible from Monday at Friday of 09:00 at 18:00 to the following non-surcharged telephone number: +33 148 337720, by e-mail to: email@example.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 a response under 2 open days.
7.2. Right of withdrawal - Distance selling
This article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Code of the consumption.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force in the field of distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable , return costs.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and / or the provision of digital content not provided on a medium. material, or the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The withdrawal decision must be notified to the Publisher at the contact details indicated in Article 1 of these general conditions by means of an unambiguous declaration. 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 the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, at the earliest of the two events. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, except with the express agreement of the Client for the use of another means of payment and to the extent that the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of 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 is only liable for 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 procedures for exercising the right of withdrawal are set out 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:
- the provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the Customer's prior express consent and express waiver of his right of withdrawal;
- supply of goods made to the Customer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
- the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the Customer and express waiver of his right of withdrawal.
Likewise, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When confirming the order for digital content independent of any material medium before the expiry of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my right of withdrawal of 14 days for the Products delivered".The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
When confirming the order for a service, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my right of withdrawal of 14 days for the services from which I would benefit before the expiry of this period".The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
The Customer who has exercised his right of withdrawal from a contract for the provision of services the performance of which has begun, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until the communication. of its decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Resolution of the contract on the initiative of the Client
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred 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 take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
7.4.1. Guarantee of visible defects and defects
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must relate in particular to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the packages delivered will only be taken into account if the Customer acting as a trader has expressed reservations with the carrier in accordance with Articles L. 133-3 et seq. Of the French Commercial Code.
7.4.2. Guarantee against hidden defects
22.214.171.124. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. Of the Civil Code) and a security guarantee (articles 1245 et seq. . of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. Consumer Code).
126.96.36.199. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 years from delivery of the Product.
In order to implement the warranty, it is the Customer's responsibility to return the product to the address of the Publisher's headquarters, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement.
In any event, the Customer is requested to follow precisely the Publisher's instructions relating to the return of the Products.
The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of Articles L. 217-4 et s. of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the guarantee against hidden defects, he can choose between the resolution of the sale or a reduction of the sale price.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable right
These general conditions are subject to the application of French law.
8.2. Amendments to these general conditions
These general conditions may be modified at any time by The Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
By virtue of the ordinance n ° 2015-1033 of August 20, 2015, all disputes with a consumer Customer which could arise within the framework of the execution of these general conditions and for which the solution could not be found prior to the amicable agreement between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the regulations of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object of the present.
8.5. No waiver
The absence of exercise by the Publisher of the rights recognized to it by these presents may in no case be interpreted as a waiver of the assertion of said rights.
8.6. Telephone 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. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.