GENERAL TERMS AND CONDITIONS OF SALE
1 SCOPE OF APPLICATION
1.1.1 The general terms and conditions presented herein ( “the General Terms of Sale”) apply to all European and international orders and pre-orders placed with EUROCOM (the “Seller”) by users (“the Customer” or “the Customers”), wishing to purchase products being sold by the Seller (“the Products”) on the website https://shop.kylianmbappe.com/ (“the Site”).
1.1.2 The purpose of these General Terms of Sale is to specify the conditions of order, payment and delivery as well as the procedure to follow for the return of Products ordered or pre-ordered by the Customers.
1.1.3 They also clarify the conditions of use of the Site and refer to the following additional conditions that apply to the use of the Site:
– Legal Notices ;
1.1.5 The General Terms of Sale are in French. In the event of any inconsistency between translated versions, the French version is the only one applicable.
1.1.6 The General Terms of Sale are available to view, download and print at all times on the Site and will prevail, if need be, on any other version or opposing document.
1.1.7 The present General Terms of Sale may be subject to further changes, the terms applicable to the Customer’s order are those in force on the Site at the time of the order or pre-order.
1.1.8 Changes to the present General Terms of Sale are opposable to the users of the Site from the moment they are put online but will not apply to transactions carried out before that date.
1.1.9 According to the Data Protection Act of January 6, 1978 – completed and strengthened by the GDPR (General Data Protection Regulation) that came into effect May 25, 2018, the Customer has at any time the right to access, modify, oppose, delete, and transmit personal information by writing or by post and with proof of his identity to the Seller’s address indicated at article 2.
1.1.10 Any use of the Site and confirmation of order or pre-order imply the unreserved acceptance by the Customer and its full and complete adherence to these General Terms of Sale. Purchasing Products is conditional upon the Customer’s acceptance of these General Terms of Sale.
1.1.11 The General Terms of Sale may be completed, if need be, by special conditions of use and/or by special conditions of sale specific to some services offered on the Site, that supplement the General Terms of Sale and that shall prevail in the event of discrepancies.
1.1.12 The Customer acknowledges he has the legal capacity to conclude contracts and purchase the Products offered on the Site.
1.1.13 The Seller reserves the right to cancel all orders placed by minors under 18 years old without the consent of their legal guardian. If the Customer is under 18, he must make sure his legal guardian is aware of and accepts his online purchase.
1.1.14 By subscribing to e-mails or by taking part in contests that request personal information, the Customer certifies he is over 16 years old.
2 IDENTITY AND CONTACT DETAILS OF THE SELLER
2.1.1 The Site is edited and the Products are sold by the company YOCOM (trading name “EUROCOM”), a simplified joint stock company with a single shareholder, with a share capital of 1,000 euros, registered with the RCS of Pontoise under number 889 849 402, having its registered office at 14 rue Théodore Bullier 95200 Sarcelles.
2.1.2 The Seller can be contacted at the following:
14 rue Théodore Bullier
Phone : 01 83 90 17 32
Mail : [email protected]
3.1.1 According to article L.111-1 of the French Consumer Code, the Seller shall make the Products and their characteristics available to the Customer before the conclusion of the contract of sale.
3.1.2 Each Product is sold subject to its characteristics described on the Site, in particular the specifications, illustrations and indications of size or capacity. Each Product page can mention additional conditions of sale specific to the product, especially regarding the estimated time of delivery, or the applicable guarantees. Therefore, the Customer must refer to the description of each Product to know its properties, characteristics, and delivery times.
3.1.3 The Customer knows and accepts, that photographs in the catalog are as accurate as possible but cannot ensure perfect similarity with the Products, especially as regards to colours. If in doubt, the Customer can contact the Seller for further information, at the contact details indicated at article 2.
3.1.4 The Customer is required to examine the characteristics of the Product before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
3.1.5 The products proposed by the Seller are those listed and described on the Site at the date of the Customer’s visit. Product offers are subject to availability. For technical reasons, stock discrepancies may happen. The Seller shall not be held liable for any error in the updating of the stock. In the event of a temporary stock shortage, the Customer will be informed of an indicative date when the Product will be back in stock and the Customer will have the possibility to choose between waiting or cancelling without charge, the order of the unavailable items. In the event of permanent Product unavailability, the Seller undertakes to refund the Customer by the same means of payment, as used for the original transaction. The Seller cannot be held responsible for the temporary or permanent unavailability of a Product.
4 ORDERS AND PRE-ORDERS
4.1.1 Some products may be available for pre-order on the Site depending on their official release date. Pre-ordering comes with an indicative release date specified by the Seller when the pre-order period starts. The Seller reserves the right to modify this release date at any time. The Seller shall not be held liable for any delay of the date initially stipulated to the Customer.
4.1.2 It is up to the Customer to select on the Site the Product(s) he wishes to order or pre-order, and to add it/them to his basket.
4.1.3 To place an order or pre-order on the Site, the Customer must follow the instructions and proceed to payment at the end of the ordering process, after having more particularly accepted these General Terms of Sale by checking the box provided for that purpose.
4.1.4 The Customer has the opportunity to check the details of his order or pre-order, its total price and correct any errors before final confirmation. The Customer is responsible for checking the accuracy of the order or pre-order and to immediately report or rectify any errors.
4.1.5 Only Customers that are natural persons can place orders on the Site. Any legal entity wishing to place an order on the Site must directly contact the Seller to do so.
4.2.1 The Sale shall not be final until the Seller has sent a confirmation e-mail to the Customer for the order or pre-order. If no confirmation is received by the Customer, he can decide to contact or not the Seller via the contact details indicated in article 2. In light of this, the Customer specifically allows the Seller to confirm the content of the order by e-mail.
4.2.2 The confirmation of an order or pre-order on the Site results in an obligation to effect payment.
4.2.3 All orders and pre-orders placed on the Site, submitted by the Customer, and confirmed by the Seller, under the conditions and in respect of the methods indicated hereinabove, forms a distance contract concluded between the Seller and the Customer.
4.2.4 The Seller recommends that the Customer keep the information listed in the order confirmation.
4.2.5 Unless proved otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
4.3 Follow-up and amendments
4.3.1 The Customer can follow the progress of his order or pre-order on the Site.
4.3.2 Once confirmed and accepted by the Seller, the order or pre-order cannot be modified. Any addition of Product(s) must be made through a new order or pre-order.
4.3.3 To modify the delivery address in any way, the Customer must contact the customer service department at the address indicated in article 2.
4.4.1 Once confirmed and accepted by the Seller, under the conditions described hereinabove, the order or pre-order cannot be cancelled, except when the Customer exercises his right of withdrawal or in case of force majeure.
4.4.2 The Customer shall use the procedure referred to in article 5 to return unwanted Products.
4.5 Right to refuse
4.5.1 The Seller reserves the right to cancel or refuse any order or pre-order from a Customer with whom some paying issues on a previous order remain unsolved.
4.5.2 The Site is intended for the direct sale of the Products to non-professional final consumers for their own personal needs – not for professionals. The Seller reserves therefore the right to refuse orders or pre-orders that contain a Product in large quantities.
4.5.3 The Seller is entitled to refuse any order or pre-order of a Customer and may reject or cancel it, especially if a Customer is suspected of fraud, if the Product ordered or pre-ordered is not available in stock, if the payment has not been been authorized, in the event of an error in the price and/or description of a Product, or if the Customer does not comply with these General Terms of Sale.
5.1.1 As required by the legal dispositions in force, the Customer has a 14-day period from receipt of the Product to exercise his rights of withdrawal from the Seller in order to exchange or get a refund, without having to further justify or pay any penalty, provided that the Products are returned in their original packaging and in perfect state within 14 days after the Seller was notified of the Customer’s decision to withdraw.
5.1.2 Products must be returned complete (packaging, accessories, instructions…) and in their original state so they can be put back as new on sale. They must be returned with the original purchase invoice at the address indicated at article 2.
5.1.3 The damaged, soiled or incomplete Products will not be accepted.
5.1.4 Within the period mentioned in article 5.1.1, the Customer must send the duly completed withdrawal form (Access the withdrawal form) either by registered letter with acknowledgement of receipt to the Seller’s address mentioned in article 2, or to the e-mail address mentioned on the form.
5.1.5 If he exercises his right of withdrawal within the 14-day period, only the price of the Product(s) purchased will be reimbursed; the delivery and return costs will be borne by the Customer.
5.1.6 The Customer will be refunded in the 14 days following the Seller’s receipt of the returned Product(s).
5.1.7 This right of withdrawal does not apply to DVDs, videos, jewelry, underwear, swimwear, custom products, or products which, given their nature, cannot be returned.
6 DAMAGED OR FAULTY PRODUCTS
6.1.1 The Buyer must ensure that the items delivered to him, correspond to his order. From the delivery date, the Customer has 7 days to make any claims or reservations regarding any damage, non-compliance or conspicuous defect of the products delivered and send all the relevant supporting documents (photographs in particular). After this deadline and if he has failed to comply with these formalities, the Products will be certified compliant and free of any visible defect and no claim will be validly accepted by the Seller.
6.1.2 The Seller will refund completely (including the shipping costs) or replace as soon as possible and at his expense the Products delivered with obvious defects or non-conformities which have been duly proved by the Customer under the conditions set out in Articles L. 217-4 and following of the French Consumer Code, and under those set out in these General Conditions of Sale.
7.1.1 Prices are displayed in Euros on the Site, all taxes included. They exclude shipping costs, the amount of which, specified before the validation of the order, may depend on the Customer’s order.
7.1.2 All the prices displayed include and are calculated with the applicable French VAT. The amount of the VAT may differ depending on the country of invoicing.
7.1.3 The prices displayed include any discounts granted by the Seller on the Site. Such discounts are offered in the form of discounts or rebates at Seller’s option.
7.1.4 The Seller reserves the right to modify the prices at all times.
7.1.5 The prices do not include the costs of processing, shipping, transport which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed. They are indicatively mentioned in the shopping basket and may be changed at the next step of the payment process.
7.1.6 The payment requested from the Customer equals the total amount of the purchase, including these costs.
7.1.7 The payment of the price is made online and is one of the elements that validate the order. It is made by credit card or by PayPal.
7.1.8 The price is payable cash.
7.1.9 The Customer’s credit/debit card will be debited at the time the order or pre-order is confirmed.
7.1.10 The Customer recognizes and accepts that the communication of his/ her bank card number and/or PayPal credentials is equivalent to authorizing the debiting of his/her account for the price of the Products ordered.
7.1.11 The payment must be made in the currency chosen at the time of payment. If the local currency is not supported by the Site’s payment gateway, payment will be made in Euro (EUR). In such cases, international credit card providers or banks will determine the applicable exchange rate. If the payment is made in a currency that is not issued by the bank, the cardholder may be charged a processing fee or other fee.
7.1.12 No discount will be granted for early payment.
7.1.13 In the event of a pre-order, the sums paid in advance by the Customer do not constitute a deposit within the meaning of Article 1590 of the Civil Code.
7.1.14 In the event of late payment, penalties equal to ten times the legal interest rate are automatically applicable to the unpaid amounts as soon as the rejection of the payment is notified. The Customer shall then owe a fixed penalty as provided for in Article D. 441-5 of the French Commercial Code (€40 as of June 1st, 2018).
8.1 General provisions
8.1.1 Delivery is the transfer to the Customer of physical possession or control of the Product.
8.1.2 Delivery is handled by independent carrier, at the address given by the Customer at the time of the order, to which the carrier will have easy access and which may be different from the billing address.
8.1.3 If a different packaging or delivery method is requested by the Customer for the ordered Products, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
8.1.4 In some special cases or in case one or more Products are unavailable, the Products ordered shall be delivered in one batch.
8.2 Delivery Boundaries
8.2.1 The Customer is expressly made aware that the Site delivers to the following countries : France, Oversea departments and international countries
|Zone 1||Germany, Belgium, Luxembourg, the Netherlands|
|Zone 2||Austria, Spain, Ireland, Italy, Portugal, United Kingdom.|
|Zone 3||Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland.|
|Zone 4||Finland, Greece, Iceland, Maghreb, Malta, Norway, Turkey, specific territories in Spain and Portugal, other Eastern European countries.|
|Zone 5||Australia, Canada, Hong Kong, India, Israel, Japan, Singapore, South Korea, Thailand, USA, Vietnam.|
|Zone 6||Africa (excluding the Maghreb), the Americas (excluding the USA and Canada), the Middle East, other Asian countries, Oceania (excluding Australia).|
8.2.2 For all deliveries to other countries, the Customer may contact the Seller using the contact details indicated in article 2. The Seller shall contact the Customer as soon as possible to inform him/her under what terms and conditions the requested delivery may or may not be carried out, especially regarding delivery time and costs. The Customer’s order may then be placed and confirmed by e-mail exchanges.
8.3 Delivery Methods
8.3.1 The Customer is informed before he validates his order what delivery methods are available for the ordered Product and the delivery costs for each one of these methods.
8.3.2 The shipping costs vary with the categories and weight of the Products ordered as well as the territories of delivery.
8.3.3 The Seller reserves the right to offer free delivery for some Products, during a fixed or indefinite period. In that case, the return costs will still be borne by the Customer.
8.3.4 The Seller reserves the right to offer a unique delivery method.
8.3.5 If the Customer expressly asks the Seller for a faster or more expensive method of shipment than the standard one, the additional delivery costs shall be borne entirely by the Customer. If the Customer has independently arranged for a carrier, delivery shall be considered done when the Seller hands over the ordered Products to the carrier and the carrier accepts them unreservedly. The Customer acknowledges that it is the carrier’s responsibility to ensure the delivery and shall have no recourse against the Seller if the carrier fails to deliver the transported Products.
8.4 Delivery time
8.4.1 The Customer is informed, at the time of his order and in the order confirmation e-mail, of the estimated delivery time of the Products.
8.4.2 The delivery times indicated are averages and are equivalent to the periods of processing and delivery of your order, depending on their destination. They are given as a mere indication.
8.4.3 In the event of unavailable Products and/or Products deliverable on different dates because of unavailability, the longest delivery time is quoted. However, the Seller reserves the right to split deliveries. In that case, the Customer will only be charged for the processing and delivery costs of a single shipment, under the conditions set out before the confirmation of the order.
8.4.4 Whenever possible, the Seller will inform the Customer by e-mail when the Product(s) are shipped.
8.4.5 Products pre-ordered by the Customer are available for delivery from their official date of sale and as soon as the Products are available in stock. An e-mail confirming the dispatch of the Products is sent to the Customer at the e-mail address given when the pre-order was placed.
8.5 Delivery delays or non-delivery
8.5.1 As national and international deliveries are carried out by an independent carrier, more specifically La Poste via its “Colissimo” service, the Seller cannot be held accountable for any failed deliveries, which by definition doesn’t fall under his responsibility. However, the Seller undertakes to assist the Customer to the best of its abilities in dealing with the carrier, in particular in the event of late delivery.
8.5.2 In the event of failure to deliver within the time limits indicated above, the Customer may cancel the order, after having given the Seller formal notice by registered post with recorded delivery to the address indicated at article 2, and if the Seller hasn’t executed within this period. When the Seller receives the letter informing him of the termination of the contract at the address indicated at Article 2, the contract will be considered terminated unless it has been executed by the Seller in the meantime. In the event the contract is terminated as described above, the Customer shall be refunded for all amounts paid to the Seller, including delivery costs, within thirty (30) days of the date on which the contract was terminated, provided that the Seller has received the necessary information from the Customer to perform such a refund. The Seller reserves the right to offer the Customer alternative refund methods for the price of the Products and the delivery costs. The Customer must explicitly accept in writing the alternative refund method.
9 TRANSFER OF OWNERSHIP
9.1.1 The transfer of ownership of the Seller’s Products shall take place when the Seller receives full payment of the price by the Customer.
9.1.2 Regardless of the date the ownership of the Products is transferred, the risks related to the loss and deterioration of the Product(s) shall be transferred when the Product(s) are handed over to the carrier.
10 LEGAL WARRANTY
10.1.1 The Products sold on the Site comply with the regulations applicable in France and have performances consistent with non-professional uses.
10.1.2 The Products sold by the Seller are subject to the legal guarantee provided for in articles 1641 and following of the French Civil Code. This guarantee covers the Products against any hidden faults resulting from a material, design or manufacturing defects affecting the Products and making them unfit for use.
10.1.3 The Customer is also made aware that the Products are subject to a legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the French Consumer Code. The Products purchased are also covered in case of non-conformity of the Products at delivery, because of the packaging or of any assembly or installation instructions when these are the responsibility of the Customer.
10.1.4 Guarantees cannot be applied, nor in the event of wrongful use, negligence, or faulty maintenance on the part of the Customer, nor in the case of normal wear and tear on the Product nor force majeure.
10.1.5 Upon a lack of conformity notified to the Seller, the Customer is entitled to ask for the Products to be repaired or replaced. If the Customer uses the guarantee for hidden defects, according to Article 1644 of the Civil Code, he may choose between returning the Product and getting a refund or getting a discount on the sale price. If no choice is made, the Seller is free of repairing or replacing the Product or even refunding the Customer.
10.1.6 To assert his rights, the Customer must inform the Seller in writing at the address indicated at Article 2 of the existence of the defect(s) and attach a photograph of the faulty Product mentioning the date it was shot.
10.1.7 In this case, the Seller shall organize at its own expense and with the carrier of its choice, the arrangements for the return, of which it shall inform the Customer by any useful means.
10.1.8 The Products must be returned to the Seller in their original packaging and with a copy of the matching purchase order at the address indicated at article 2.
10.1.9 Returns of Products that do not comply with all the terms and conditions described above will not be accepted. In this case, no refund or replacement will be made.
10.1.10 The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or faulty Products.
11.1.1 The Seller shall not be liable in the following cases: (i) non-compliance with the legislation of the country to which the Products are delivered, which is up to the Customer to verify, (ii) misuse, use for professional purposes, negligence or lack of maintenance by the Customer, and in the event of normal wear and tear of the Product, accident or force majeure, or (iii) in case of defect or delay to execute because of circumstances the Seller does not control or force majeure.
11.1.2 Force majeure is defined as any unforeseeable and insurmountable event that prevents the Seller from performing its contractual obligations. The following events are considered as force majeure: natural disasters such as earthquakes, fires, storms, floods, civil war, riots, embargoes on exports or imports, military manoeuvres, tooling incidents, inaccessibility of the roads and means of communication, lockouts, strikes by the Seller’s staff or that of its suppliers, service providers and partners and, more generally, any circumstance beyond the Seller’s reasonable control.
11.1.3 If an event qualified as force majeure occurs, the Seller undertakes to notify the Customer as soon as possible.
11.1.4 Except in the event of force majeure, the Seller’s liability towards each Customer is limited to direct and material damages. The Customer is notified that in most cases this amounts to the value of his order, including delivery costs.
11.1.5 The Customer is made aware that Mr Kylian Mbappé Lottin is a third party to the contract and does not bear responsibility for the sale of the Products. The Customer therefore waives any action against Mr Kylian Mbappé Lottin and/or his image company.
12 INTELLECTUAL PROPERTY
12.1.1 The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) used on the Site are protected by all intellectual property rights or database producers’ rights in force.
12.1.2 Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, as a whole or in parts, without specific permission, is strictly prohibited and may result in legal proceedings.
13 PERSONAL DATA AND INFORMATION
13.1.1 Under Law 78-17 of January 6th, 1978, as amended by Law No. 2018-493 of June 20th, 2018, Customers are reminded that the personal data requested is required for the processing of the order and more particularly for the preparation of invoices.
13.1.2 This data may be communicated to the Seller’s partners in charge of the execution, processing, management, or payment of orders. The processing of the information communicated through the Site meets the legal requirements for the protection of personal data thanks to the information system used that ensures optimal protection.
13.1.3 They were naturally communicated to the Seller so he could process the Customer’s order.
13.1.5 In the context of the sale of Products, the Seller indicated at article 2 is responsible for processing the contract that binds him to the Customer. To exercise his rights, the Customer may address the Seller by e-mail or by post, at the contact details indicated at article 2.
13.1.6 The Seller shall retain the data for five years from the date the Customer receives the purchased Products.
In the event of an unforeseeable change of circumstances at the time of the conclusion of the contract, in compliance with the dispositions of article 1195 of the Civil Code, the Party that has not agreed to bear the cost of an excessively expensive execution of the contract may request renegotiation of the contract from its co-contractor.
15 NON-APPLICABLE DISPOSITIONS
If for any reason, a provision of the contract is unenforceable, it shall be considered null and void, but the validity of the rest of the contract will not be affected.
16 APPLICABLE LAW AND JURISDICTION
16.1.1 The law applicable is French law.
16.1.2 Any dispute related to the validity, interpretation and/or execution of these General Terms of Sale, which has not been settled, may be submitted to the competent courts under the conditions of common law.
17.1.1 The Customer has the right to have access free of charge, to a consumer ombudsman to find a settlement for any dispute with the Seller.
17.1.2 The following ombudsman has been identified:
73, boulevard de Clichy – 75009 Paris
17.1.3 The Customer is also made aware that he can use the Online Dispute Resolution platform :
18 ADDITIONAL INFORMATION ABOUT THE SITE
18.1.1 The publication director is :
14 rue Théodore Bullier
Phone : 01 83 90 17 32
Mail : [email protected]
18.1.2 The site host is :
OVH – www.ovh.com
2, rue Kellermann – BP 80157 – 59053 ROUBAIX Cedex 1
Tél. : +33 (0)8 203 203 63