THE GENERAL CONIDTIONS OF SALE
1.1.1. The site www.shop.kylianmbappe.com (hereafter the “Site”) is an e-commerce platform, which allows internet users (hereafter, “the Buyer”) to acquire, for their personal use, goods and equipment from the brand Kylian Mbappé and KMmis on sale on the site (hereafter the “Products”).
1.1.2. The present general terms of sale (hereafter the “GCS”) of Kylian Mbappé’s e-commerce site is applied to all on-line sales proposed on the Site.
1.1.3. They are accessible and can be printed at any moment by following the link at the bottom of the page.
2. The Sellers Identity and Contact Details
2.1.1. The site is edited and the products are sold by the company Eurocommunication EURL (named hereafter as the “Company”), a company with a limited partnership responsibility of 8 000 €, registered at Companies House at Pontoise ref number 508 776 390, its headquarters at sis 8-10, rue Émile Sehet – 95150 Taverny.
2.1.2. The company can be contacted at:
Postal Address: EUROCOM, 8-10, rue Émile Sehet – 95150 Taverny
E-mail : [email protected]
3. Accepting the GSC
3.1.1. The Buyer accepts the GSC by ticking the box on the order form. This is a full acceptation, without reserve or restriction. If the Buyer does not accept the GCS, they cannot order from the Site.
3.1.2. All Buyers placing an order are assumed to have the legal capacity to use the Site. Particularly, minors who should have parental/tutors permission, who will be held responsible for any acts by a minor.
3.1.3. The original General Sales Condition are in French. The GSC have been translated into English and Spanish but the only legal version is in French.
3.1.4. The legal version of the GSC is available online when the Buyer confirms their order.
3.1.5. The Buyer is informed that the GSC can be changed from different orders. The GSC should be read and accepted with each new order.
4. Products and Avaliability
4.1.1. The Products proposed on the Site are licensed to Kylian Mbappé. All reproductions and copies are illegal.
4.1.2. The product details are indicated on each product page.
4.1.3. The Buyer is informed and accepts that the Company tries to display photographs of the products which are as similar as possible to the product, the photograph may not correspond exactly to the product, and for example the colours may differ.
4.1.4. The products are proposed with a stock limit. If the product is unavailable the Buyer will be informed and accepts that the Company will try to ensure that the product will be restocked. The Company cannot be held responsible if the item is temporary or definitively out of stock.
4.1.5. No products will be exchanged or refunded unless this is specified by the GSC or by law.
5.1. Placing an Order
5.1.1. To place an order, the Buyer must select the Product(s) and place them in the shopping basket.
5.1.2. They can access their order summary and correct any errors at any moment up until the order is confirmed.
5.2. Order Confirmation
5.2.1. Once the order is placed the Buyer will receive a confirmation email with an order summary and the expected delivery date.
5.2.2. The Buyer must ensure that the contact details provided are correct in order to receive the confirmation email. If no mail is received the Buyer can contact the Company at the address provided in article 2.
5.2.3. The Company recommends that the Buyer to keeps a copy of the order confirmation
5.2.4. All orders are closed and definitive when payment is completed by the Buyer and received by the Company.
6.1.1. The prices are displayed on the Site are in Euros, tax included. They do not include delivery fees. The total depends on the Buyers order and is specified when the order is confirmed.
6.1.2. The Company has the right to reduce the prices during Sales or with discounts.
6.1.3. The applicable price is the one displayed on the site at the moment that the order is confirmed by the Buyer.
6.1.4. Outside of the European Union and also in departments/ regions of overseas territories, customs fees may be applied and must be paid on reception of the parcel by the Buyer. These charges cannot be determined in advance and cannot be communicated to the Buyer in advance, they rest the Buyers responsibility
6.1.5. The online payment makes up the elements of a order confirmation.
6.1.6. Payment is by card or by Paypal.
6.1.7. The Company has the right to suspend and/ or any order if there are problems with payment or fraud and also applies to any previous orders.
6.1.8. In the case of late payments , Penalties of up to a total of ten times the interest rate will be applied by right to any outstanding payments or if payment is refused. The Buyer is eligible for an allowance mentioned in article D. 441-5 commercial law (40 € from 1st June 2018).
6.1.9. No discounts are given to promised payments.
7.1. Delivery Areas
7.1.1. The Buyers are informed that the Site delivers to the following countrie : France, overseas and international.
Zone 1 Germany, Belgium, Luxembourg, Holland.
Zone 2 Austria, Spain*, Ireland, Italy, Portugal*, Great Britain.
Zone 3 Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland.
Zone 4 Finland, Greece, Iceland, Maghreb, Malta, Norway, Turkey, Spanish territories and Portugal other eastern European countries
Zone 5 Australia**, Canada, China, South Korea, USA**, Hong Kong, India, Israel,
Japan, Russia, Singapore, Thailand, Vietnam.
Zone 6 Africa (excluding Maghreb), America (excluding USA and Canada), Middle east,
Other Asian countries, Oceania (excluding Australia).
7.1.2. If the Buyer want to find out if the order can be delivered to any other country they can contact the Company using the contact details in Article 2. The Company will respond as soon as possible to indicate the delivery date and the cost. The order can be placed and confirmed by email.
7.2. Delivery Methods
7.2.1. The products will be delivered to the address indicated by the Buyer as their “delivery address” (which can be different from the billing address) which unless specifically agreed between the two parties , following the mode in article 8.1.2 cannot be situated out of the delivery zone.
7.2.2. Different methods of delivery are possible and depend on the type and weight of the product.
7.2.3. The Buyer is informed before confirming the order the delivery method, delay and delivery charges. The delivery charge may vary between each delivery company.
7.2.4. The Buyer must select the delivery method and give any information necessary to complete the delivery.
7.3. Delivery times
7.3.1. The Buyer is informed that the delivery date provided when the order is confirmed by email is estimated.
7.3.2. The delivery date provided is the average date and corresponds to the time needed to process the order and is dependent on the destination.
7.3.3. The Company uses the Post Office”La Poste “(registered parcels) or TNT for delivery in France and other European countries and “Chronopost Fedex” for the rest of the world. Despite the good reputation of our partners mistakes can occur, the Company cannot be held responsible for these mistakes.
7.3.4. Nevertheless, the Company will try to do its best to assist the Buyer to contact the delivery company, particularly if deliveries are delayed.
7.3.5. Delivery dates may differ if articles are out of stock. The Company reserves the right to delivery items separately, if this happens the delivery charges will be applied to one delivery only.
7.3.6 If the delivery date is not respected the Buyer can, after contacting the Company and demanding a new delivery date (within reason) by registered letter to the postal address indicated in article 2, failing a response from the company can cancel the order. The order is considered void by the Company on the reception of a registered letter mentioned in article 2, cancelling the order, unless the Company has not already sent the object in the meantime. If the order is cancelled following the procedure specified above the Buyer will be refunded for their order including delivery charges within no more than thirty ( 30) days from the date that the contract was cancelled subject to the Company receiving all details required for the refund. The Company reserves the right to propose alternative solutions to the Buyer and the Buyer must accept one of these in writing.
8.1.1. Conforming to article L. 221-18 laid out in the Consumer Code, the Buyer has a delay of fourteen (14) days to cancel the order, without giving a reason and with no charge (except the cost of returning the product) . The Product/s must be returned by the Buyer as soon as possible.
8.1.2. To execute this right the Buyer must respect the period mentioned above, send a signed for registered letter to the Company at the address stated in article 2, expressing without any doubt their wish to retract the order and must state the order number.
8.1.3. The goods must be returned to the Company to the address stated in article 2, unused and in their original packaging, with no excessive delay and within fourteen (14) calender days from when the Buyer expressed their wish to retract the order. The billing invoice must be included. The Buyer is responsible for any damage that may occur to the goods whilst being returned to the Company.
8.1.4. The buyer will receive the refund as soon as possible or within the fourteen (14) days following the date the returned goods are received by the Company. A full refund will be given, the Buyer must pay the return charges, and the Company has the right to delay the refund until the products are returned.
9. Ownership and risk transfer
9.1.1. The Company guards the entire ownership of the products up until they are sold for the selling price.
9.1.2. Any risk to the product is transferred to the Buyer from the Company from the moment that the Company hands the goods to the transport company.
10. Legal Guarantees
10.1.1. The Buyer is solely responsible for their choice of products, there conservation and there use.
10.1.2. The products offered by the Company are subject to a legal guarantee stated in articles 1641 under French civil Law. This guarantee covers the product against all hidden defaults originating from faulty materials, design or manufacturing of the product which make it unusable
10.1.3. The Buyer is also informed that the products are covered under a legal conformity guarantee stated in article L. 217-4 à L. 217-14 of the French Consumer Code. The products are also covered in case of damage during delivery, resulting in loss of instruction/installation manual or damage to packaging
10.1.4. All guarantees are lost if the Product is used incorrectly, with negligence or badly maintained by the Buyer, like in the case or everyday wear of the product or a force majeure.
10.1.5. If the Product is faulty the Buyer can chose to repair or replace the Product. Once the guarantee against hidden faults has be activated following article 1644 of the civil code, the Buyer can chose between a refund or a reduction in the selling price. If no choice is provided the Company is free to repair or replace the product or refund the Buyer.
10.1.6. In order to carry this out the Buyer must write to the Company to explain the fault/s and include a dated photograph of the faulty product.
10.1.7. The Company will pay the return costs and organise, with a transporter company of their choice, the return modalities and will inform the Buyer by all useful means.
10.1.8. The Products must be returned to the Company in their original packaging, with a copy of the billing invoice which corresponds to the Product.
10.1.9. Any returned Products that do not follow the modalities described above will not be accepted. In this case there will be no refund or replacement.
11. Company responsiblity
11.1.1. The Company will not be held responsible for any faults or late delivery due to circumstances beyond their control or force majeure.
11.1.2. A force majeure includes any unforeseen and unstoppable events that stop the Company from fulfilling its contractual obligations. Events arising from a force majeure can include: natural catastrophes’ including earthquakes, fires, flooding, storms, civil war, riots, export or import embargos, military operations, broken machinery, unusable roads and methods of communication, lock-out, Organisation staff strikes or supplier, service provider or partner strikes. And as a whole any circumstances that are beyond the control of the Company.
11.1.3. If an event classed as force majeure occurs the Company will notify the Buyer with a minimum delay.
11.1.4. With the exception of a force majeure, the Company’s responsibility to the Buyer is limited to any directly damaged materials. The Buyer is informed that in most cases this corresponds to the total cost including any delivery costs.
11.1.5. The buyer is informed that Kylian Mbappé is third party to the contract and assumes no responsibility of the sale of the Products. The Buyer consequently renounces all action against Kylian Mbappé and/ or the company image.
12. Intelectual Property
12.1.1. The systems, software, structures, infrastructures, database and contents of any nature (texts, images, visual, music, logos, brands, etc) used by the Company on the Site are protected by intellectual property rights or producers rights of the database. Any disassembly, recompilations, decrypting, extractions, reuse, copies and more generally, all acts of reproduction, representation, diffusion and usage of any of the elements in its entirety or partially, without authorisation by the Company is strictly forbidden and could lead to legal proceedings.
13. Personal Data
13.1.1. The buyers personal data are governed by the general terms and conditions of the site www.kylianmbappe.com. They are transmitted by the Company in order to complete the Buyers order.
13.1.2. In the case of the sale of a product, the Company, which is identified in article 2, is responsible for the treatment of this data within the frame of the contract with the Buyer. To carry out his rights the Buyer must contact the Company by letter or e mail, to the address indicated in article 2.
13.1.3. The Company keeps this data for five years from the reception of the Products by the Buyer.
14. Non applicable Provisions
14.1.1. In the case of a non applicable provisions in the contract, whatever the cause, only the non applicable provision will be invalid, without affecting the validity of the rest of the contract
15. Applicable Law and Juridiction.
15.1.1. The law applicable is French Law. Any disputes over the validity, interpretation, and /or the use of the present general terms and conditions, the parties agree that the Pontoise court will be exclusively capable to judge, subject to the procedure of the provision of mandatory rules.
16.1.1. The Buyer disposes of the right to appeal freely to a consumer mediator in the view to resolve amicably the dispute with the Company
16.1.2. The following mediator has been identified
Medicys – Centre de médiation et de cyber-services de règlement amiable des huissiers de justice
Postal address : 73, boulevard de Clichy – 75009 Paris
Email address: [email protected]
Telephone : 01 49 70 15 93
17. Additional information about the Site
17.1.1. The editorial director is Jean-Luc Schneider
17.1.2 CRÉATION – CONCEPTION & RÉALISATION OF THE SHOP:
8-10 rue Emile Sehet 95150 TAVERNY
Tel. : +33 (0)1 39 95 75 72
Email address : [email protected]
17.1.3 The site host is :
OVH – www.ovh.com
2, rue Kellermann – BP 80157 – 59053 ROUBAIX Cedex 1
Tel. : +33 (0)8 203 203 63
Email address : [email protected]