General Terms and Conditions of Sale
Effective 15/06/2024
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers (“the Customer”) wishing to acquire the products offered for sale (“the Products”) by the Seller on the www.mangrose.fr website. The Products offered for sale on the site are as follows:
- Custom T-shirts
- Custom sweatshirts
- Custom hoodies in organic cotton
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.mangrose.fr, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed.
These General Terms and Conditions can be accessed at any time on the www.mangrose.fr website and take precedence over any other document.
The Customer declares that he/she has read these GTS and accepted them by ticking the appropriate box before placing an order online at www.mangrose.fr.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer. The Seller’s contact details are as follows:
EI Lacaze Bertrand / Mangrose
4 Avenue de Claret
33360 Carignan de Bordeaux
Numéro d’immatriculation : 509299889
Email : contact@mangrose.fr
Téléphone : 0621705982
Numéro de TVA Intracommunautaire FR 0A509299889
The Products presented on the mangrose.fr website are offered for sale in the following territories: France (except French overseas territories), Corsica, Monaco, Switzerland and the countries of the European Union (except the United Kingdom, the Canary Islands, Norway and Andorra). Currently, we do not deliver to other destinations.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
ARTICLE 2 – Prices
The Products are supplied at the current prices shown on the www.mangrose.fr website when the order is registered by the Seller. Prices are quoted in Euros excluding VAT.
General conditions : “VAT not applicable, art. 293 B of the General Tax Code”.
Prices take into account any discounts granted by the Seller on the www.mangrose.fr website. These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the www.mangrose.fr website, in accordance with the following procedures:
The customer chooses an item and places it in their shopping basket, which they can delete or modify before confirming their order and accepting these general terms and conditions of sale. They will then enter their details or log in to their account and choose the delivery method. Once the information has been validated, the order will be considered definitive and will require payment by the customer in accordance with the terms and conditions set out.
Product offers are valid for as long as they are visible on the site, while stocks last. The sale will not be considered valid until the price has been paid in full. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the www.mangrose.fr website constitutes the formation of a distance contract between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. Customers can track the progress of their order on the site.
The Customer cannot cancel an order. Any cancellation of the order by the Customer after it has been accepted by the Vendor will only be possible within one hour of the order being placed, by sending an e-mail to contact@mangrose.fr after the order has been accepted by the Vendor and as long as delivery has not taken place (regardless of the provisions relating to the application or non-application of the legal right of withdrawal).
ARTICLE 3 Bis – Customer area – Account
In order to place an order, the Customer is invited to create an account (personal space). To do this, they must register by filling in the form provided at the time of ordering and undertake to provide truthful and accurate information about their civil status and contact details, in particular their email address.
The Customer is responsible for updating the information provided. They are informed that they can change them by logging into their account.
To access their personal space and order histories, Customers must identify themselves using their user name and password, which will be sent to them after registration and which are strictly personal. In this respect, the Customer undertakes not to disclose it in any way. If this is not the case, he/she will remain solely responsible for the use made of it.
The Customer may also unsubscribe by going to the dedicated page in his personal space or by sending an email to: contact@mangrose.fr. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the www.mangrose.fr website may suspend or even close a customer’s account after a formal notice has been sent electronically and has remained without effect. Any deletion of an account, for whatever reason, results in the pure and simple deletion of all the Customer’s personal information.
The Seller shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 – Terms of payment
The price is paid by secure payment as follows:
- payment by credit card
The price is payable in full by the Customer on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.mangrose.fr website.
Payments made by the Customer will not be considered final until the Seller has actually received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Vendor the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in France (except French overseas territories), Corsica, Monaco, Switzerland and the countries of the European Union (except the United Kingdom, the Canary Islands, Norway and Andorra).
Deliveries are made within :
- 3 to 5 days for France
- 5 to 10 days for Europe and Switzerland
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use its best endeavours to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 7 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer must check the condition of the products delivered. The customer has a period of 3 days from the date of delivery in which to submit complaints by e-mail, accompanied by all the relevant supporting documents (photos in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no claim will be validly accepted by the Seller.
The Vendor shall refund or replace, as soon as possible and at its own expense, any Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer chooses the carrier. In this respect, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – Transfer of ownership
Ownership of the Vendor’s Products shall not pass to the Customer until the latter has paid the price in full, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.)to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be taken back.
The cost of returning the goods shall be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – Seller’s liability – Warranty
The Products supplied by the Seller benefit from :
– the legal guarantee of conformity, for defective, damaged Products orProducts that do not correspond to the order,
• the legal warranty against hidden defects resulting from a material, designor manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.”
Article L217-5 of the Consumer Code
“The good conforms to the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so : – if it corresponds to the description given by the seller and has the qualities that the sellerpresented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect, having regard to the publicstatements made by the seller, the producer or his representative, particularly inadvertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for
any special use sought by the buyer, brought to the attention of the seller and accepted
by the latter.
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity must be brought within two years of delivery of thegood.
Article 1641 of the French Civil Code.
« Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. » Article 1648 alinéa 1er du Code civil
“Any action arising from redhibitory defects must be brought by the purchaser within twoyears of discovery of the defect.”
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if the item is made available after the request for service.
Translated with DeepL.com (free version)
In order to assert their rights, the Customer must inform the Vendor in writing (by e-mail or post) of thenon-conformity of the Products or the existence of hidden defects as soon as they are discovered. The Seller will reimburse, replace or have repaired the Products or parts under warranty that are deemed to benon-compliant or defective.
Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products found to be non-compliant ordefective will be made as soon as possible and at the latest within 10 days ofthe Seller’s finding of the non-compliance or hidden defect. This refund may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases: – failure to comply with the legislation of the country to which the products are delivered, which it is theCustomer’s responsibility to check,
– in the event of misuse, use for professional purposes, negligence or lackof maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident orforce majeure.
– The photographs and graphics presented on the site are not contractual and the Seller can not be held responsible for them.
The Vendor’s guarantee is, in any event, limited to the replacement or reimbursementof Products that do not conform or are affected by a defect.
ARTICLE 9 – Personal data
The Customer is hereby informed that the collection of his or her personal data is necessary for the saleof the Products and their delivery, entrusted to the Seller. This personal data is collectedsolely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the www.mangrose.fr website is asfollows:
Opening an account
When creating a customer/user account :
Personal details, surname, first name, date of birth, email address, billing and delivery address
Payment
As part of the payment process for Products offered on the www.mangrose.fr website, the site recordsfinancial data relating to the Customer’s bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act andfrom 25 May 2018 of Regulation 2016/679 on the protection of personaldata.
9.4 Limitation of processing
Unless the Customer expressly agrees, his or her personal data will not beused for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period ofprescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical digital securitymeasures to protect personal data against alteration, destructionand unauthorised access. However, it should be noted that the Internet is not a completely secureenvironment and the Seller cannot guarantee the security of the transmission or storageof information on the Internet.
9.7 Implementation of Customers’ and Users’ rights
Pursuant to the regulations applicable to personal data, Customers andusers of the www.mangrose.fr website have the following rights:
– They can update or delete their data in the followingways:
Customers wishing to have their personal data deleted should send a request by e-mail tocontact@mangrose.fr. Their request will be dealt with as quickly as possible. Once this has been done, theywill receive confirmation by email.
– They may delete their account by writing to the e-mail address indicated in article 9.3 “Datacontroller”.
– They may exercise their right of access to the personal data concerningthem by writing to the address indicated in article 9.3 “Data controller”.
– If the personal data held by the Seller is inaccurate, they mayrequest that the information be updated by writing to the address indicatedin article 9.3 “Data controller”.
– They may request the deletion of their personal data, in accordancewith applicable data protection laws, by writing to the address indicated inarticle 9.3 “Data controller”.
– They may also request the portability of data held by the Seller toanother service provider.
– Lastly, they may object to the processing of their data by the Seller. These rights, provided that they do not object to the purpose of the processing, may be exercised bysending a request by post or e-mail to the Data Controller whose contactdetails are given above.
The data controller must respond within a maximum of one month. If the Customer’s request is refused, reasons must be given. The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 placede Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees toreceive informative and advertising e-mails from the Seller. The Customer will always have the option of withdrawing hisagreement at any time by contacting the Seller (contact details above) or byfollowing the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the www.mangrose.fr website is the property of the Seller and its partners and is protectedby French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute annfringement of copyright.
ARTICLE 11 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law. These GTC are written in French. Should they be translated into oneor more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact customer service at the Seller’spostal or e-mail address indicated in ARTICLE 1 of these GTS.
The customer is hereby informed that, in the event of a dispute, he/she may have recourseto conventional mediation, with existing industry mediation bodies, or to anyalternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is :
CM2C
49 Rue de Ponthieu
75008 Paris
01 89 47 00 14
Email : cm2c@cm2c.net
Le Client est également informé qu’il peut, également recourir à la plateforme de Règlement en Ligne des Litige (RLL) : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show. Tous les litiges auxquels les opérations d’achat et de vente conclues en application des présentes CGV et qui n’auraient pas fait l’objet d’un règlement amiable entre le vendeur ou par médiation, seront soumis aux tribunaux compétents dans les conditions de droit commun.
