General Conditions of Sale and Use (CGV / CGU)
1. About us
The company MINIMALIST TRIBE, ____, with a capital of euros, whose registered office is at BARBENTANE (13570) 386 route d'avignon, registered in the trade and companies register under number ____ represented by Madame Mandy EDELIN ( here in after the “Company”). The Company markets the following products to its Customers via its Website: clothing and accessories.
The Company invites Users to read these General Terms and Conditions of Sale and Use carefully ( hereinafter the "CGV / CGU"). Placing an Order implies acceptance of the CGV / CGU.
The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided to do this before placing their order nde online.
The CGV / CGU frame the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website.
They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the general conditions of purchase of the Client. They are systematically communicated to the Client who requests it. In the event of a subsequent modification of the GTCS / CGU, the Client is subject to the version in force at the time of his Order.
"Customer" means the Professional or the Consumer having placed an Order for a Product sold on the Website
"Order" means any order placed by the User registered on this Site
"General Conditions of Sale and Use "or" CGV / CGU "designate these general conditions of use and online sale
" Consumer "means the buyer who is not a natural person who does not act for professional needs and / or outside his professional activity
" Products "designates the material things which can be the object of an appropriation and which are offered for sale on this Site
" Professional "means the purchaser, legal or natural person who acts within the framework of his professional activity
" Site " means this Site, that is to say www.minimalisttribe.com
"Company" means the Company MINIMALIST TRIBE, more fully referred to in Article I hereof
and "User" means any person who makes use of the Site.
Registration for the Site is open to all legal or natural persons of full age and enjoying their full personalities and legal capacities. The use of the Site is subject to the registration of a User. Registration is free.
To register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, especially when they register, is accurate and compliant.
They agree to update their personal information from the page dedicated to the latter and available in their account. All registered Users have a username and password. These are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deletion of the account of the offending Registered User.
Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will in no way be held responsible for the impersonation of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal or natural person, can only hold one account on the Site.
In the event of non-compliance with the CGV / CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed to the temporary or permanent deletion of all the accounts created by the 'Offending user.
The deletion of the account results in the permanent loss of all the benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of the deletion of an account by the Company for breach of the duties and obligations set out in the CGV / CGU, it is strictly prohibited for the offending User to re-register on the Site directly, by means of another electronic address or by an intermediary without the express authorization of the Company.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket.
He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the “Order” button.
He must enter an address, a delivery method and a payment method valid in order to complete the Order and effectively form the sales contract between him and the Company.
The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site. Once the Order has been placed, the User will receive confirmation by email.
This confirmation will summarize the Order as well as relevant information relating to the delivery. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer. The Company may allow the Customer to benefit from price reductions, discounts and rebates depending on the number of Products available on the Site ordered or according to the regularity of the Orders, according to the conditions set by the Company.
6. Products and prices
The Products which are the subject of the CGV / CGU are those which appear on the Site and which are sold and dispatched directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist. When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the page of the Product corresponds to the price in euros, all taxes included (tax included), excluding shipping costs and takes into account the applicable discounts in force on the day of the Order. The price indicated does not include delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed estimate setting out the formula for calculating the price. In no case may a User demand the application of discounts no longer being in force on the day of the Order.
7. Payment conditions
Unless otherwise provided, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by: Bank card via a secure connection
In the event of total or partial non-payment of Products on the date agreed on the invoice, Professional Customers must pay the Company a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its refinancing operation, increased by 10 percentage points. The financing operation selected is the most recent on the date of the Order of the services.
In addition to the delay compensation, any sum, including the deposit, not paid on its due date by the Professional Customer will produce ipso jure payment of a lump sum indemnity of 40 euros due in respect of recovery costs. In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Client must pay the Company a penalty of delay the rate of which is equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in the supply of the Products ordered and sums due by the Client to the Company for the purchase of Products offered on the Site. The penalty due by the Customer, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the expiry date of the price without any prior formal notice being necessary.
The Products are delivered exclusively to the following geographic areas:
The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer's geographic area, the delivery method chosen or the Product ordered.
If the delivery deadline is exceeded by 15 days, except in cases of force majeure, the Customer may request resolution of the contract by registered letter with request for acknowledgment of receipt, after having instructed the Company, in the same manner, to make delivery within a reasonable additional time, and if the Company has not performed.
The Customer will be reimbursed within 30 days if payment has already been made.
In the event that delivery is impossible, due to an error on the address indicated by the Customer, the Company will contact the Customer the most as quickly as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Customer.
In addition, the responsibility of the Company cannot be engaged for words ifs linked to exceeding delivery times:
in periods of high demand, such as the holiday season
for delays caused by reasons of force majeure, that is to say due to the occurrence of an unpredictable, irresistible and independent event
for facts attributable exclusively to the transporter responsible for the delivery.
The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site:
at the address indicated by the Customer when placing an Order by simple post.
For all Orders placed on this Site, the Customer has a right of complaint for 20 days from delivery of the Product.
It is their responsibility to check the apparent condition of the Products upon delivery.
In the absence of reservations expressly expressed during delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send the Company to the address :
386 route d'avignon (13570) Barbentane,
a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating there to (receipt slip countersigned by the carrier, photographs ...)
A complaint not respecting the conditions described above cannot be accepted.
The company will replace or refund the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 15 days from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code.
To apply his right of withdrawal, the Consumer sends a declaration to the address: email@example.com.
The Products must be returned in their original packaging and in perfect condition within 15 days from the notification of the withdrawal to the Company by the Consumer.
The direct costs of return remain the responsibility of the Consumer. He will be refund for all the costs paid for placing the Order within 14 days of the Company becoming aware of its declaration of withdrawal.
The refund will be made by the same means of payment as that used for the purchase.
11. Transfer of risks and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with the Company as compensation.
For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or upon withdrawal of the goods from the store when the Customer has chosen delivery to the store.
12. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code: “The goods comply with the contract:
1 ° If it is suitable for the use usually expected of similar goods and, if applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer under form of sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted ”
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. "
Any product sold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-compliant or affected Products of a vice. It is excluded in the event of improper use or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of the existence of the defects in a two year time limit. The Company will rectify the Products deemed to be defective as far as possible. If the responsibility of the Company is retained, the guarantee is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the guarantee.
The Company reserves the right to modify the Site, the CGV / CGU as well as any delivery procedure or other component of the services performed by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the CGV / CGU in force when placing the Order
14. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses to process their data, they are asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulations 2016/679 of April 27 .
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right to interrogate, access, rectify, modify and oppose the whole of his personal data by writing, by mail and proving his identity, to the following address: firstname.lastname@example.org.
These personal data are necessary for the processing of his Order and the establishment of his invoices if necessary, as well as improving the functionality of the Site.
15. Sharing of collected datA
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third companies may have access to their data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore be led to receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the address of the Company indicated above.
In addition, Customer information may be transmitted to third parties without their express prior agreement in order to achieve the following goals:
respect the law
protect anyone against serious bodily injury, even death
fight fraud or damage to the Company or its users
protect the property rights of the Company.
16. Data protection
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not in any way constitute a guarantee and n do not commit the Company to an obligation of result concerning data security.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called "cookie" file on the user's hard drive.
The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of their browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction cannot in any case constitute damage for the member who cannot claim any compensation for this fact.
The Company cannot in any case be held responsible for the unavailability, whether temporary or permanent of the Website and although it implements all its means to permanently ensure the service, it may be that -it be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any operation of updating, improvement or maintenance.
As previously mentioned herein, the Company cannot in no case shall be held responsible for delivery delays for reasons beyond its control, beyond its control, unpredictable and irresistible or whose fault cannot be attributed to it.
19. Intellectual property
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
20. Jurisdiction clause
The law governing the CGV / CGU is French law. Any dispute that may arise between the Company and a User during the execution of this agreement will be the subject of an amicable resolution attempt. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.
21. Acceptance of the CGV / CGU
The Customer or the User expressly accepts the CGV / CGU. The Customer declares that he is aware of it and renounces to avail himself of any other document, in particular his own general conditions of purchase.
The Consumer acknowledges having read the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
the essential characteristics of the Product
The price of the products
the date or time limit by which the Company undertakes to provide the Service
information relating to the identity of the Company (postal, telephone, electronic contact details)
information relating to legal and contractual guarantees and their methods of implementation
the possibility of resorting to conventional mediation in the event of a dispute
information relating to the right of withdrawal (deadline, methods of exercise).