General Conditions of Sale

 

PREAMBLE

 

Pleingaz-Clothing offers the sale of clothing, accessories (T-shirts, sweatshirts, cups, backpack, various accessories...)

 

Article 1 – Scope

The General Terms and Conditions of Sale described below (hereinafter referred to as "the General Terms and Conditions of Sale") are intended to govern all contractual relations between the micro-entreprise Pleingaz-clothing, whose head office is located: 60, rue François 1er, 75008 Paris – RCS de Paris, (hereinafter referred to as "Pleingaz-clothing") and customers over 18 years of age and enjoying full legal capacity (hereinafter referred to as "The Customer") ordering through the Site pleingaz.store (hereinafter "the Site").

The General Conditions of Sale apply without restriction or reservations to all sales of products on the Site.

Ordering through the Website implies the full acceptance of the General Terms and Conditions by the Customer. Pleingaz-clothing reserves the possibility to modify these General Conditions of Sale at any time. Pleingaz-clothing invites the Customer to make a careful reading of the Terms and Conditions of Sale for each new order made. The applicable General Conditions of Sale will be those in force on the day of the order.

For any information concerning the follow-up of your order, The Customer is invited to contact Pleingaz-clothing : either by phone at the following number : +33 (0)3 65 04 76 97 or by email : pleingaz.clothing@outlook.com

 

Article 2 – Your order

The order of the products selected by the Customer (hereinafter the "Products") will be made according to the process described below.

2.1. Your identification:

The Customer accesses the contents of his basket, including all the Products. The Customer must then make his identification. As such, the Customer undertakes to provide pleingaz-clothing with accurate and reliable information, enabling it to perform all its contractual obligations.

The responsibility of Pleingaz-clothing cannot be incurred in the event that the information provided by the Customer is false or incomplete. In this context, or in case of default of payment or any other irregularity in his account, Pleingaz--clothing reserves the right to cancel his order and/or delete his user account. The Customer's identification can be performed directly after selecting the Products or through his user account (hereinafter the "Account"). The opening of an Account includes the entry of two identifiers: an email address and the choice of a password. Customer IDs are personal and must be kept confidential.

The Customer may access the personal data which he has communicated on request, in accordance with the provisions laid down in the article Personal Data of the General Conditions of Sale.

 

2.2. Transferring your order:

Once the products have been selected and the identification data have been provided, the Customer then selects the method of payment. A summary of his order is then presented to the Customer, which will include information on Products, prices or delivery methods. He will also be assigned an order number.

 

2.3. Final confirmation of your order:

Once the order has been validated, the final validation of the Customer's order will occur when the debit bank authorization has been given to Pleingaz--clothing A definitive confirmation will then be sent to him, containing all the elements relating to his order.

Only the validity of the order, the completeness and acceptance of its payment, engages Pleingaz--clothing vis-à-vis the Customer.

 

2.4. Product availability:

Items are offered to the Customer within the limits of available stocks. Thus in case of unavailability of the ordered Product, Pleingaz--clothing undertakes to inform the Customer as soon as possible and will make the refund of the Product (including shipping costs) within a maximum period of 30 days. In this case, Pleingaz--clothing will cancel and refund the Customer's order.

 

 

Article 3 – Prices of products.

The prices indicated on the Site are shown net total VAT, we do not apply the VAT "VAT not applicable to micro-enterprise, article 293 B of the CGI"

Unless otherwise indicated, the prices indicated do not include shipping costs.

 

Article 4 – Payment of your order

For any Order placed, the payment is made in full during the Order, by credit card, PayPal account, .Apple Pay, Google Pay

All bank data entered are processed securely and are immediately encrypted. This information is only available to our bank partner, so that he can contact your bank. At no time can Pleingaz--clothing or any other third party access your bank data. Your payments are sent to our bank partner on the day of the order.

It is debited on the day of placing your order

 

Article 5 - Security of your means of payment

In order to guarantee maximum security when ordering, bank card payments are secured by the system offered by Paypal SSL or 3D Secure. This system is based on cryptography techniques that ensure the confidentiality and integrity of exchanges. Thus, when entering your bank details (card number, validity date and code), they are automatically encrypted and sent in secure mode to a server.

At the same time, Pleingaz--clothing addresses the same server, always in secure mode, data specific to the Customer's order (trader number, transaction number, order amount). The system offered by Paypal SSL and 3D Secure carries out a card check and a request for authorisation from the Customer's bank using a private banking network. The system returns the confirmation of payment and returns the Customer to the Site. The system then takes over the payment from the bank partner of Pleingaz--clothing.

 

Article 6 – Delivery of your order

 

6.1. General information

Pleingaz clothing means delivery of all the means used to deliver the Products ordered through the Site.

Delivery will take place at the address indicated by the Customer at the time of the transfer of its
command.

Delivery will take place within the time specified on the order confirmation sent to you by Pleingaz--clothing. Delivery cannot be made on weekends and holidays. Delivery times run from the day following payment by credit card, subject to the latter's acceptance.

If there is no indication or agreement as to the date of delivery or performance, the trader shall deliver the property without undue delay and not later than 30 days after the conclusion of the contract.

No later than thirty (30) days after the conclusion of the contract, the Customer may terminate the contract, by registered letter with request for receipt or by writing on another durable medium, if, after having ordered the professional to perform the delivery or to provide the service within a reasonable additional period, the latter has not performed within that period. The contract shall be deemed to be resolved upon receipt by the professional of the letter or writing informing him of that resolution, unless the professional has performed in the meantime.

Your order will be refunded to the Customer within thirty (30) days of receipt of the request. If the delivery took place before his request for cancellation was taken into account by Pleingaz-clothing, the Customer will return the Product to the following address: 

 

 

6.2. Carrier and delivery rates

After confirming the order, Pleingaz-clothing undertakes to hand over to its carrier all the references ordered by the buyer.

The Products are delivered to the delivery address indicated by the Customer.

The delivery carrier is mainly Colissimo, as well as any other carrier that the company Pleingaz-clothing will consider useful for the proper delivery of the order according to the characteristics of the product and in accordance with the order form.

 

The Customer can follow his parcel on the Post Office website:

https://www.laposte.fr/tools/follow-your-sends

 

With Colissimo, Le Client is absent on the day of delivery, his factor will leave him a notice of passage in his mailbox, which will allow him to withdraw his parcel at his post office during the opening hours, within 15 days.

 

Colissimo Follow-up is a very reliable service. However, as in any shipment, there may be a delay in delivery or the product may be lost.

In case of delay of delivery in relation to the date indicated by Pleingaz-clothing to the Customer in the mail of dispatch, Pleingaz-clothing asks the Customer to notify him of the delay by telephone or by email. Pleingaz-clothing will then contact the Post Office to start an investigation.

An investigation can last up to 60 days. If during this period the product is found, it will be returned immediately to your home (the majority of cases). If, on the other hand, the product is not found after the 60-day investigation period, the Post shall consider the package to be lost. Only then can we send you a replacement product at our expense.

For products delivered to the International, the Customer who wishes to know the terms and time of delivery of the Product will have to refer to the conditions indicated on the website of the carrier (Colissimo), as well as any other carrier that the company Pleingaz--clothing will consider useful.

Any risk of loss or damage of the goods is transferred to the Customer at the time the latter or a third party designated by him, and other than the carrier proposed by the trader, takes physical possession of the goods.

For any questions related to the payment of the shipping costs and delivery rate The Customer can contact Pleingaz-clothing:

- by telephone on +33 (0)6 65 04 76 97
- by email: pleingaz.clothing@outlook.com
- by mail : Pleingaz-clothing, 60 rue François 1er, 75008 Paris (France)

 

The receipt of the goods carried shall extinguish any action against the carrier for damage or partial loss if, within three days following receipt of the goods, the consignee has not notified the carrier in writing of its reasoned protest (C. com. L 133-3, para. 1).

In accordance with article L. 224-65 of the Consumer Code, when the consumer takes personal delivery of the goods transported and the carrier does not justify having given him the opportunity to verify their good condition, the period referred to in article L. 133-3 of the Commercial Code, which extinguishes any action against the carrier, is extended to 10 days.

 

Article 7 – Compliance of your order

Upon receipt of the order, the customer must check the condition of the package. If the package is damaged externally, is crushed, torn, or is in a condition that suggests that the integrity of the container is threatened, it must be refused by the customer. The return will be at the charge of Pleingaz-clothing and the package will also be re-shipped to the charge of Pleingaz-clothing after receipt, control and if necessary, replacement of the non-compliant content.

If the package is externally compliant, it is imperative for the Customer to open the package and verify its conformity and quantity. The Customer must notify the carrier and Pleingaz--clothing of any reservation on the product delivered in the event of defects found (cases, non-conformity, error of product, different colour and/or dimensions, missing etc....) within three days of receipt of the product, specifying the number of the order concerned within three days, not including holidays, following delivery.

The Customer must send Pleingaz--clothing a photograph of the product which he considers non-compliant. In the event of apparent defects, the customer shall enjoy the right of return under the conditions laid down in this document. In case of proven non-conformity or if Pleingaz--clothing agrees on a commercial basis to take over the Product, the new shipment of the products concerned will take place within the limits of the availability of the stocks. Otherwise, Pleingaz--clothing will cancel the product not available and propose an asset or a refund.

 

Article 8 – Right of withdrawal

In accordance with the regulations in force, for any purchase of products made on the Site, the Customer has a withdrawal period of fourteen (14) days, from the receipt of the goods, allowing him to cancel his orders in whole or in part. If this period expires on a Saturday, Sunday or a holiday or holiday, it shall be extended until the first following working day. Any return must be notified to the Customer Service of the company Pleingaz--clothing:

 

- priority by email: pleingaz.clothing@outlook.com Monday to Friday from 9am to 6pm.

The return address will then be sent to you by email.

 

The products must be new, not worn, not used to benefit from the right of withdrawal.

Only products returned as a whole, in their complete and intact original packaging, and in perfect condition of resale will be included. Customised products may not be subject to the exercise of the right of withdrawal.

Any product which has been damaged, washed, stained, worn, or whose original packaging has been damaged will not be refunded or exchanged.

This right of withdrawal shall be exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the Customer has the choice to request either the refund of the sums paid or the exchange of the product. In the case of an exchange, the re-shipment will be at the Customer's expense.

In accordance with the legal provisions, Pleingaz clothing undertakes to reimburse to the Customer all sums paid for the products (excluding shipping costs), with the exception of the costs of return, within the maximum period of fourteen (14) days from the recovery of the products.

Pleingaz clothing makes the refund using the same means of payment as used to pay the order.

The Customer will then be reimbursed by Paypal if the Customer has paid through this method of payment or by bank transfer in other cases.

The Customer shall retain, for the exercise of this right, the costs of return.

For all payments made by Paypal, the customer expressly accepts that if a full or partial refund is made, the latter will be deducted from Paypal commissions.

Indeed, the latter are in no way returned by Paypal to the seller, whatever the circumstances. Thus, regardless of the reason or circumstances for the refund of a Paypal payment, the Paypal payment will be deducted from Paypal fees.

By making a purchase on the site, the Customer accepts the terms and conditions. The customer who makes the payment of a transaction via Paypal expressly accepts this condition.

 

Article 9 – Guarantees – VAS

9.1. Guarantee of compliance:

Pleingaz-clothing is required to assume the Product's non-conformity with the Contract, under the conditions of articles L.211-4 et seq. of the Consumer Code. Subject to the presentation of proof of purchase, the Customer shall have two (2) years from the date of issue of the Product to assert the legal guarantee of conformity.

In case of non-conformity, The Customer chooses between repair and replacement of the Product However, Pleingaz--clothing may not proceed according to his choice if this results in a cost clearly disproportionate to the other method proposed, taking into account the value of the good or the importance of the defect If, however, none of the solutions envisaged can be implemented within one month of the complaint, the Customer has the possibility to request a reduction in the price or the termination of the contract. However, the termination of the contract may not be accepted if the non-conformity is minor.

 

9.2. Guarantee of hidden defects:

Pleingaz-clothing is responsible for the hidden defects of the Product under the conditions laid down in articles 1641 et seq. of the Civil Code. Subject to the presentation of proof of purchase, the Customer may claim the guarantee of hidden defects within two (2) years of the discovery of the defect. In order to benefit from the guarantee of hidden defects, the Customer must provide proof that the defect was not apparent and existed batches of purchase and made the Product unfit for use for which it is intended or greatly reduces this use. If the Customer provides such proof, he may choose between the resolution of the sale or a reduction of the sale price, in accordance with article 1644 of the Civil Code.

The legal guarantee of conformity and the guarantee of hidden defects apply independently of any commercial guarantee granted.

 

9.3. After-sales service:

For any questions related to its Product the Customer can contact Pleingaz--clothing :

- by telephone on +33 (0)6 65 04 76 97
- by email:pleingaz.clothing@outlook.com
- by mail : Pleingaz clothing, 60, rue François 1er, 75008 Paris (France)

 

Article 10 – Liability

Pleingaz-clothing cannot incur liability if the Customer does not comply in whole or in part with the General Terms and Conditions of Sale or in case of unforeseeable fact of a third party or in case of force majeure.

Pleingaz-clothing may in this case exonerate from all or part of its liability by providing proof of non-performance or the incorrect performance of these General Conditions of Sale, either when it is attributable to the Customer or when it is the unpredictable and insurmountable fact of a third party to the contract or then following a case of force majeure recognized as such by the jurisprudence.

 

Article 11 - Reservation of title

The goods delivered remain the property of Pleingaz-clothing until full payment of their price. Failure to pay may result in claims for the goods. The risk of loss or damage is transferred to the Customer from the delivery of the products.

 

Article 12 – Personal data

Pleingaz--clothing attaches great importance to the protection and respect of the privacy of its Customers and their personal data. Pleingaz-clothing's personal data protection policy is designed to inform Customers of practices relating to the consent, collection, use, storage, security measures, retention period(s), recipient(s) and sharing of personal data that the Customer is required to provide when making a purchase by creating an account.

The privacy policy is available on the Pleingaz--clothing website under "Privacy Policy".

Thus, Pleingaz-clothing protects the privacy of its Customers by respecting the legislation in force and by following its internal rules relating to the protection of the personal data of Pleingaz--clothing which it has adopted to preserve and guarantee, the rights of Customers in the data they entrust to it.

The Customer has the right to access, modify and delete personal data concerning them. The exercise of this right is exercised by e-mail: Pleingaz.clothing@outlook.com or by sending a letter to the following address: Pleingaz-clothing, 60, rue François 1er, 75008 Paris (France).

In order to enable Pleingaz--clothing to satisfy it, each application must be accompanied by the elements necessary to identify the sender: surname, first name, email and possibly postal address.

 

Article 13 - Dispute management

Step 1. In the event of a dispute on the occasion of a purchase on the Site Pleingaz.store, The Customer may address a written complaint to Pleingaz-clothing via the formular by mail, or addressed to the following address: Pleingaz--clothing, 60, rue François 1er, 75008 Paris (France).

Step 2. If the Customer is not satisfied with the response provided by Pleingaz--clothing, or if there is no response, an amicable solution will be sought before any legal action.

The Customer may address a written complaint to the mediation service of his choice and/or may visit the European Consumer Dispute Resolution Platform set up by the European Commission at the following address:https://www.ombudsman.europa.eu/en/home

 

 

 

Article 14 - Applicable law and competent court

These General Conditions of Sale are subject to French law. In case of dispute an amicable solution will be sought in advance. Any dispute relating to the enforcement of these Terms shall be within the exclusive jurisdiction of the French courts.

In the event of a contradiction between the language versions of these general conditions of sale, only the French version is authentic.