Terms of Sales

Article 1 – LEGAL NOTICES

This site, accessible at the URL https://gentlemanfactory.com/

is published by:

Mr. CHASSONNERY Tristan, resident at 239 route de Saint Simon , 31100, Toulouse, FRANCE, of French nationality, born January 17, 1994, manager of the micro-enterprise “HAMMER & CO” registered with the RCS of the GREFFE DE TOULOUSE under number 890 882 459 , whose head office is located at 239 route de Saint Simon , 31100, Toulouse, FRANCE

(Hereinafter referred to as the “ Operator ").

The Operator can be reached at the following email address: odieboutiques@gmail.com

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “ General Conditions of Sale ”, or the “ CGV ”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 3 – PRODUCT DESCRIPTION

The Site is an online sales site for accessories for Men (hereinafter the “ Card holder, phone case, etc. ") open to any natural or legal person using the Site (the “ Customer ").

The Products presented on the Site are each subject to a description (established by the supplier) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for using the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – ORDERS

The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

the delivery of a Product of a quality and price equivalent to that initially ordered, or

reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the amounts already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of their Order so that the latter can refer to them.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

The Customer does not respect the General Conditions in force at the time of his order;
The Customer's order history shows that sums remain due for previous orders;
One of the Customer's previous orders is the subject of a dispute currently being processed;
The Customer did not respond to a request for confirmation of his order that the Operator sent to him.

The Operator archives Product sales contracts in accordance with applicable legislation. By making a request to the following address odieboutiques@gmail.com , the Operator will provide the Customer with a copy of the contract subject to the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.

In the event of breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate said Customer's account without notice.

Article 5 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Operator uses the online payment solution Stripe .

Orders can be paid using one of the following payment methods:

Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.

Article 6 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 7 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I validate my delivery”, then he acknowledges accepting these T&Cs before clicking on the “I pay” button, finally he validates his order after having filled in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:

delivery of a Product that does not conform to the declared characteristics of the Product;
delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been requested, according to the same terms and without result, to make delivery within a reasonable additional time;
price increase which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in the event of:

refusal of the buyer to take delivery;
non-payment of the price (or the balance of the price) at the time of delivery.

Article 8 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified when finalizing the order and are accepted by validation of the order .

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at basket level, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, you may be asked to sign a receipt.

No delivery will be made to a post office box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.

Article 9 – RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

name, geographic address, telephone number and email address;
withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but this is not obligatory.

WITHDRAWAL FORM

For the attention of the Company referred to in the header hereof (reproduce address) by email to odieboutiques@gmail.com :

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of services (*) below:

Ordered on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (in case of notification of this form on paper):

Date :

(*) Delete what is unnecessary.

Return costs are the responsibility of the Customer, unless the item cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid for his order in the form of credits / gift vouchers, may be reimbursed by credits / gift vouchers according to the wishes of the Operator.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

ARTICLE 10 – LIABILITY AND GUARANTEE

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even the unforeseeable and insurmountable act of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

The Operator cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

you benefit from a period of two (2) years from delivery of the goods to act:
you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

ARTICLE 11 – AFTER-SALES SERVICE

The after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.

Complaints made under guarantees must be sent to the after-sales service using the following contact details:

email address: odieboutiques@gmail.com
address : 239 route de Saint Simon, 31100, Toulouse, FRANCE

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Customer will be reimbursed for return postage costs no later than thirty (30) days following receipt of the product by the Operator.

ARTICLE 12 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relations between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of avail themselves of such a breach in the future.

CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT - MEDIATION

In the event of a dispute, the Customer will contact the Company as a priority to try to find an amicable solution. In the event of difficulties in the application of this contract, the Consumer Customer also has the possibility, before any legal action, of requesting the use of a consumer mediator, whom you can identify on the site https://www.economie.gouv.fr/mediation-conso .

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In this context, any European consumer can also contact the Online Dispute Resolution Platform (ODR) accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Please note that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. Please note that as a general rule and subject to the judgment of the courts, compliance with the provisions of this contract relating to guarantees presupposes that the Customer honors its financial commitments to the seller.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Operator will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.