General sales conditions
These general sales conditions (GSC) apply to any purchase you make as a private individual on the www.frenchdisorder.fr or www.frenchdisorder.com websites from MGMV, SAS, registered in the Commercial Register under number 792 270 712 with head offices at 10 rue Bougainville, 33300 Bordeaux, France
Email address: firstname.lastname@example.org
1. FIELDS OF APPLICATION
These general sales conditions apply to all orders placed on the www.frenchdisorder.fr and www.frenchdisorder.com websites. Before being able to validate his order, the Customer must read the special sales conditions explained on the site. The Customer must declare that he accepts them without reservation.
MGMV reserves the right to adapt or modify these general sales conditions at any time. In case of modification, the terms valid on the day the order was placed will apply.
2. PRODUCT AVAILABILITY
All products offered on the www.frenchdisorder.com site comply with current French legislation and any applicable standards in France.
The information mentioned on each product sheet is indicated as a guideline.
If minor errors appear on these pages, MGMV cannot be held responsible.
3. CUSTOMER OBLIGATIONS
The Customer declares to be at least 18 years old and have the legal capacity or parental authorization that lets him place an order on the site.
The Customer agrees to communicate all real and required information with MGMV to place the order, specifically his last name, first name, address, telephone number and valid email. The Customer is responsible for any consequences resulting from giving false or inaccurate information that results in MGMV’s incurring liabilities to get back the merchandise.
Once the order has been placed, MGMV will send the Customer a confirmation email and inform him when the products have been shipped.
The Customer may connect with the www.frenchdisorder.com site in the MY ACCOUNT section at any time to modify his contact details.
4. ORDER TERMS
Orders will be taken and accepted within the limits of available stock.
If, despite MGMV's vigilance, the items ordered are no longer available, MGMV will inform the Customer by email or telephone as soon as possible by offering him a similar product if required or will refund the price by crediting the Customer's bank account.
Any order validated by the Customer using a "double click" constitutes an irrevocable acceptance that cannot be questioned based on the limits explained in the GSC. Any order placed implies prior knowledge and complete acceptance of the GSC. According to the law, the so-called "double click" process, associated with the authentication and non-repudiation procedure, as well as the protection of the integrity of messages, constitutes an electronic signature that has value between the two parties in the same way as a handwritten signature.
5. ORDER CONFIRMATION
The data recorded by MGMV constitutes proof of all transactions between MGMV and its customers. The contractual information is written in French and will be confirmed by email no later than the time of delivery.
MGMV recommends that its customers keep all data relating to their order in a paper trail or reliable computer support. The customer must verify the completeness and conformity of the information he provides to MGMV. MGMV cannot be held responsible for any input errors and their consequences in terms of delay or delivery errors. In this context, all costs incurred to re-ship items will be the responsibility of the customer.
6. PROOF OF TRANSACTION
The registers and computerized documents saved in MGMV’s computer systems will be considered proof of all communications, orders and payments made between the parties. Purchase orders and invoices are archived carried in a reliable, sustainable, digital medium that can be shown as proof if needed.
The prices mentioned on the www.frenchdisorder.fr and www.frenchdisorder.com sites are valid at the time the customer consults them.
The prices, shown in Euros, do not include shipping costs and include VAT (for France and other countries).
Any taxes, fees, duties or other services due by applying French regulations or those of an importing or transit country are the purchaser’s responsibility. MGMV reserves the right to modify its prices at any time but will apply the price shown when the order was placed, subject to availability on that date.
8. PAIEMENT METHOD
To pay for his order, the customer chooses a payment method from among the options available to him: credit card (Visa, Mastercard) or a Paypal account.
MGMV reserves the right to refuse to make a delivery and honor an order from a customer who has not fully paid a previous order or with whom a payment dispute is currently in progress.
In the event of a transfer of ownership of property purchased from MGMV by the customer to a third party, only the original purchaser of this property may have access to the clauses of these general sales conditions.
The delivery costs in Metropolitan France are indicated on the site. Preparation time is not included in the delivery time.
If a delay in preparation is anticipated (except in exceptional cases), MGMV will notify the customer as soon as possible and reimburse his order if no agreement for a delivery date is reached between the two parties.
Products are shipped to the delivery address indicated by the customer when ordering along with an invoice. Delivery cannot be made to hotels or PO boxes.
The geographical area of delivery corresponds to the geographical area of coverage for the offer. Delivery is considered to have been done when the shipper has received the product.
The customer must verify the completeness and conformity of the information he provides to MGMV. If any input errors were noted, MGMV cannot be held responsible for the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the order will be the customer’s responsibility.
MGMV cannot be held responsible for delivery delays due to errors or disruptions attributable to shippers (total or partial strikes, especially for postal services, transportation and/or communication).
10. DELIVERY PROBLEMS
Problems with a shipper
The consumer is required to check the condition of the packaging and goods upon delivery. Any anomaly concerning the delivery (missing items compared to the delivery note, damaged packaging, damaged items, etc.) must be indicated by email to the address email@example.com.
In the case of a postal shipment, if the package arrives open or damaged, the customer must have the postman or post office on which he depends issue a "damage report" (n° 170) so MGMV can open an investigation procedure for compensation.
The customer must then confirm this anomaly by sending the shipper, within 2 working days following the delivery date, a registered letter with return receipt in which he details the damage claims.
The customer must simultaneously send a copy of this letter (with the original "damage report", if applicable) by regular mail to:
10 rue Bougainville
Any complaints received after the deadline will be rejected.
Errors in preparing the order or for a non-compliant product
The customer must explain or send to MGMV on the day of delivery or no later than the first working day following delivery, a detailed complaint of delivery and/or non-compliant errors for the product type or quality as compared to the information on the order form.
This complaint to MGMV must include the order number and can be done by email to the following address: firstname.lastname@example.org
Any complaint not made following the rules above and within the time limit cannot be taken into account and will release MGMV from any liability to the customer.
Upon receipt of the complaint, MGMV will send the customer an email to confirm that the return has been taken care of. The return of a product can only take place after receiving this confirmation email and following the procedure explained above.
Any product to be exchanged or refunded must be returned within 14 working days of receipt of the return agreement from MGMV and include the order reference. The product must be returned in its original packaging in perfect condition (unworn, with an uncut label) to the following address:
10 rue Bougainville
If the above procedure is not adhered to, no claim for non-compliance or apparent defect of the delivered products can be accepted.
11. RIGHT OF WITHDRAWAL
All products sold on the frenchdisorder.com website benefit from the “satisfied or refunded” clause of 14 working days from the date of delivery in accordance with provisions of the Consumer Code, article L 121-20.
The customer may exercise his right of withdrawal in agreement with article L 121-20 of the Consumer Code within 14 working days from receipt of the goods.
This right of withdrawal can be done without penalty, with the exception of return costs that remain the customer’s responsibility. MGMV recommends that customers return their products by Colissimo with a tracking number and recommends taking out additional insurance to guarantee, where applicable, compensation for the products’ actual market value in case of damage or loss of merchandise.
Before returning the items, the customer must contact French Disorder to request that the company pay for the product’s return.* The return request to MGMV must be made via the contact form available on the site.
Upon receipt of the request, MGMV will send the customer an email to confirm that the return has been taken care of. The return of a product can only take place after receipt of this confirmation email and according to the procedure explained above.
All costs related to orders and returns done outside the Eurpean Union will be charged by the customer. The return cost and customs' fees will be deduced from the refund.
The product must be returned in its original packaging in perfect condition (unworn, with an uncut label) accompanied by the order number to the following address:
10 rue Bougainville
The product must not have been used, nor have had even minimal damage and be perfectly clean. Otherwise, the product will be returned to the customer without the possibility of exchange or refund. Products returned damaged, soiled, incomplete or with traces of use will not be refunded.
If the deadline and procedure presented above is not followed, the complaint will not be accepted.
Within a maximum period of 7 days from receiving the returned product, MGMV will reimburse the customer for the amount of the returned item to the credit card or Paypal account used for the transaction, not including shipping costs. Otherwise MGMV will send a credit note of the same amount to be used on the eShop.
Exception for GILBERT (briefs) and CHARLES (box shorts) underwear:
For hygienic reasons, FrenchDisorder reserves the right to refuse the return of an underwear article except if it is returned unworn and in its original unopened packaging.
Exchange at the customer's expense:
In the case of an exchange resulting from an error on the part of the customer (size, model, etc.), the shipping costs are the customer’s responsibility (to return the product to MGMV). Exchanges are made within the limit of quantities available in stock and based on the original sale price of the item (sale prices or special offers are not taken into account). Since return costs will be our expense, exchange requests are limited to one request per order.
12. INTELLECTUAL PROPRETY
MGMV holds the intellectual property rights to the site and the items depicted in the e-Shop catalogue, specifically the photographs for which it has obtained the necessary authorizations from concerned parties.
In accordance with the provisions of the Intellectual Property Code, the partial or total reproduction, on any medium whatsoever, of the elements on the site and in the product catalogue, their use and provision to third parties is strictly prohibited and liable to prosecution.
13. LIABILITY & LITIGATION
The photographs and texts that illustrate the products presented are not contractual. Consequently, MGMV cannot be held liable in the event of a slight error in one of the photographs or texts.
MGMV cannot be held liable for damages of any kind, whether material, intangible or bodily, that may result from improper use of the products marketed. The same is true for any changes to the products from our suppliers.
MGMV’s liability will be limited to the amount of the order and the company cannot be blamed for any persisting errors or omissions despite all precautions taken in presenting the products.
MGMV reserves the right to cancel an order following a computer bug, hack, input error or other internal or external malevolence to the company. MGMV will contact the customer to notify him of the order’s cancellation. MGMV cannot be held responsible to a customer or third party for any indirect damage that occurs, even if this damage or prejudice was foreseeable by MGMV, or if its eventuality had been brought to its attention.
MGMV's liability may not exceed an amount equal to the sums paid or payable during the transaction that has given rise to said liability, regardless of the cause or form of the action concerned.
MGMV cannot be held responsible for the non-performance of the contract concluded in the event of a product being out-of-stock or unavailable, force majeure, disruption due to a total or partial strike specifically concerning the postal services, shippers and/or communications, floods, fire, earthquakes, lightning.
In the event of a dispute, the customer will first contact MGMV to try and reach an amicable solution.
These general sales conditions will be interpreted and executed in accordance with French law. Any dispute that may arise regarding their validity, interpretation or execution will be submitted to the competent courts.
14. INFORMATION & PERSONAL DATA
MGMV agrees not to disclose to third parties the information and confidential data customers provide on the site. The information entered by the customer will only be used for order processing and to personalize communication through newsletters or promoting special offers on the site.
In accordance with the Data Protection Act of January 6, 1978, customers have the right to access, rectify, modify and delete their data.
You can exercise this right by sending an email to the following address:
15. MODIFICATION OF THE GENERAL SALES CONDITIONS
These General Conditions apply to all purchases made online on the site, as long as the site is online. The General Conditions are dated precisely and may be modified and updated by MGMV at any time. The applicable General Conditions are those valid at the time the order is placed. The modifications applied to the General Conditions do not apply to articles that have already been purchased.
Any modification of the legislation or regulations in effect or any decisions of a competent court that invalidates one or more clauses of these General Conditions cannot affect their validity. Such a modification or decision does not authorize customers to disregard them.
All conditions not specifically dealt with herein will be governed in accordance with the practice of the retail sector for private individuals or for companies whose head office is located in France.