DEFINITION OF THE PARTIES
Between the Company UNCHAINED SAS,
237 rue Saint Sébastien, 1000, Lille
with a share capital of 1000€,
registered in the Lille Trade and Companies Register,
under the SIRET number 84995140500018,
represented by Mehdi Dahmane
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person purchasing the company’s products or services,
Hereinafter, “the Buyer”, or “the Customer”.
On the other hand,
The Seller is a publisher of sportswear products and services marketed through its website (https://unchained-store.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned website and its sales pages.
ARTICLE 1 – PURPOSE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://unchained-store.com/cgv . The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he/she is legally capable of contracting under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICES
The prices of the products sold through the websites are indicated in Euros, all taxes included, and are precisely determined on the pages describing the Products. They are also indicated in euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums do not fall within the jurisdiction of the Seller. They will be at the buyer’s expense and responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. If applicable, also the delivery costs.
ARTICLE 4 – CONCLUSION OF THE CONTRACT ONLINE
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place an order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address…); – Acceptance of the present General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions and payment of products. – Delivery of products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of the present general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks only. If this is not the case, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the validity of the offer of the Products as well as their prices is specified on the sales pages of the products, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions on conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested by contacting the Seller by email or letter.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This period does not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times and be delivered in different ways. The Seller provides an electronic contact point (e-mail address) indicated in the order confirmation e-mail in order to follow up the order. The Seller reminds that at the moment when the Customer takes physical possession of the products, the risk of loss or damage of the products is transferred to him.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card. The secure online payment by credit card is made by our payment provider PAYPLUG. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return”. “The period mentioned in the previous paragraph runs from the time of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the purchase receipt.
ARTICLE 11 – GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Seller will refund the buyer or exchange the products that are apparently defective or do not correspond to the order placed. The request for refund must be made by contacting the Veneur by email or by letter. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to take action with the Seller – can choose between the replacement or the repair of the goods subject to the conditions provided by the above mentioned provisions. The buyer is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
ARTICLE 12 – CLAIMS
If necessary, the Buyer can present any complaint by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The execution of the seller’s obligations under the present contract is suspended in the event of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – INVALIDITY AND MODIFICATION OF THE CONTRACT
If any of the provisions of this contract should be invalidated, such invalidity shall not entail the invalidity of the other provisions which shall remain in force between the parties. Any contractual change is only valid after a written and signed agreement of the parties.
ARTICLE 16 – RGPD AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By accepting these terms and conditions, you consent to the collection and use of this data for the purpose of fulfilling this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.