12/09/2019 version
1. PREAMBLE
The present General Terms and Conditions (“GTC”) of use and sale form the basis of the contractual relationship between the Client and Mr Painterman, a simplified joint stock company registered with the RCS de Paris under number 843 626 987 00013, 2 passage de Crimée – 75019 Paris – France, painterman@mr-painterman.com (hereinafter referred to as “Mr Painterman”) and are systematically sent or delivered to all clients (hereinafter individually referred to as “the Client”) to enable them to place orders for products sold by Mr Painterman.
The GTC are present on the website published by Mr Painterman, namely: www.mr-painterman.com.
The GTC are opposable to the consumer who recognises, by ticking a box provided for this purpose, to have had knowledge and to have accepted them before placing order.
The GTC may be supplemented by special conditions of sale or order forms. By accepting the GTC, the Client expressly waives any general conditions of purchase.
The fact that Mr Painterman does not avail itself at any given time of any of the GTC cannot be interpreted as a waiver of any of the said conditions at a later date.
Mr Painterman reserves the right to modify its GTC. They will then be applicable as soon as they are put online on the Website.
The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent inapplication of one or more clauses of the GTC by Mr Painterman shall not constitute a waiver on its part of the other clauses of the GTC which continue to produce their effects.
The Site is accessible to all users of the Internet network as a matter of principle 24/24h, 7/7d, unless interrupted, scheduled or not, by Mr Painterman or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure or updating of the Site. Mr. Painterman cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Mr. Painterman does not warrant that the Site will be free of anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. Nor can Mr. Painterman be held responsible for problems with data transmission, connection or network unavailability.
2. PRODUCTS AND PRICES
The products are those sold by Mr Painterman on the Site (the “Products”). Products are described as accurately as possible and Mr Painterman is committed to making its best efforts to provide a picture illustration for each Product. A description will contain the dimensions, composition and weight.
A visual description of the Product via the photo that proves to be non-compliant cannot in any way engage the responsibility of Mr Painterman, which the Client expressly acknowledges.
Mr. Painterman specializes in the sale of shoes, particularly boots and any other related items.
The selling prices, in accordance with Article L. 112-1 of the French Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Client is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
The selling price of the products does not include shipping costs charged in addition to the price. Any tax, duty or other service payable under French regulations or those of an importing country or a transit country shall be borne by the Client.
Mr Painterman reserves the right to modify its prices at any time, while guaranteeing to the consumer the application of the price in force on the day of the order.
Products are offered and delivered within the limits of available stocks.
3. ORDER, DELIVERY AND PAYMENT
The Client may choose the Products he/she wishes to order by adding them to his/her basket. In order to order, the Client must identify him/herself on the Website.
Prior-Identification
In order to place an Order, as defined below, the Client must identify him/herself on the Website by entering his/her email address and delivery details (surname, first name, postal address and telephone number).
Procedure
After having added the desired Products to his/her basket, and after identification, the Client has the choice to choose his/her mode of delivery and payment.
Delivery
Delivery means the transfer to the Client of physical possession or control of the goods.
Delivery is made in accordance with the Order by delivery of the Product to the Client at the postal address indicated by the latter in connection with the Order. The terms of delivery (Colissimo, Delivengo, other) may change according to the Order and will always be indicated, as well as the related price, before the validation of the said Order.
Delivery times are indicated as accurately as possible but depend on the supply and transport possibilities of Mr Painterman or its carrier.
Payment of the Order
Payment is due upon placing the Order. The Order will be subject to payment via the bank card indicated by the Client (Stripe). The following credit cards are accepted: Credit card, Visa, Mastercard, American Express.
The price of the Order shall be debited to the order of the Products to which the Order relates.
In the event of non-payment, the sale will be terminated by operation of law if deemed appropriate by Mr Painterman, which may request, in summary proceedings, the return of the Products, without prejudice to any other damages and interest.
Before clicking on the “Confirm Order” button, the Client has the possibility to check the details of his/her order and its total price, and to return to the previous pages to correct any errors or possibly modify his/her order.
The confirmation of the Order implies acceptance of the GTC and forms the contract.
The acceptance of the offer by the Client is validated, in accordance with the double click process, by the confirmation of the Order.
Any modification of order by the consumer after confirmation of his/her order is subjected to the acceptance of Mr Painterman.
Mr Painterman reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for Clients with the quality of consumers.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with Article 1360 of the French Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their banking data via the Stripe platform.
Mr Painterman remains the owner of the sold products until the complete payment of the price and the Client agrees – as long as the property is not transferred to him/her – to take all the precautions useful for the good conservation of the products.
An invoice will be established by Mr Painterman and sent to the Client on the email address communicated at the time of the Order.
Ownership of Products Subject to the Order
The Products are ordered via the Website after the Client has been able to identify him/herself beforehand (the “Order”). Any Order implies acceptance of the prices and descriptions of the products covered by the said Order, as well as the GTC.
Mr Painterman will send an Order confirmation email to the Client at the provided email address. Mr Painterman reserves the right to block the Order in the event of a detected problem, which may include a rejected payment, an invalid email address or any other difficulty.
In the event of the unavailability of a Product subject to the Order, Mr Painterman will inform the Client by email. Mr Painterman will thus cancel the Order. This Order will be subject to reimbursement by Mr Painterman.
4. PRODUCT RETURN POLICY
Reimbursement
The Client has a right of withdrawal on the Order for a period of forteen (14) calendar days from the date of receipt of the Product ordered. During this period, the Client may return the undamaged Products, packaged and with original labels, without having to justify any reasons or pay any penalty.
Products must be returned intact and complete, and must not have been used.
All Products may be retracted, except those excluded by Article L. 221-28 of the French Consumer Code, including – in particular – any personalised products for the benefit of the Client.
The shipping costs to return the Product are the financial expense of the Client. Mr Painterman is committed to reimburse the Client for all the sums paid to him/her upon receipt of the returned product and to the recognition of the latter’s good quality. The refund will be made via the means of payment used during the order.
Special case of a non-compliant Product
In the event that the delivered Product is not compliant (Product error, defect, damage or incomplete Product), the Client may make any written reservation within three (3) calendar days at the latest following receipt of the Package from the carrier and/or Mr Painterman, directly on the Website.
A refund or exchange – if the Product is still available – may be made for any non-compliant Product for which the Client has validly made reservations within the specified period.
Outside this period, the legal guarantee of conformity, as provided by articles L. 217-1 et seq. of the French Consumer Code, will apply. The non-compliant Product will then be replaced or repaired in accordance with the cost terms set out in the Consumer Code.
Thus the Client:
- has a period of two (2) years from the delivery of the Product to act in case of lack of conformity of the Product,
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.
In addition, the Client may also invoke the legal warranty for hidden defects of the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Client within two years of the discovery of the defect, the refund of a Product that has proved unsuitable for its use.
- The hidden defect guarantee allows the Client to be protected against hidden defects in the purchased Product that prevent its use or affect it to such an extent that the Client would not have purchased it.
- The Client then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these warranties, the Product must be returned, in its original condition, new, with the references of the original Order and a copy of the complaint to Mr. Painterman’s registered office, after sending an e-mail indicating the reason for the return of the Product.
The following legal provisions are reminded:
Art. L217-4 of the Consumer Code: “The seller delivers a good 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 defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »
Art. L217-5 of the Consumer Code: “The good is in conformity with the contract: 1° If it is specific to the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;(b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller. »
Art. L217-7 of the Consumer Code: “Lack of conformity which appears within 24 months from the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If it is impossible to repair or replace the goods, the buyer may return the goods and have the price returned to him or keep the goods and have part of the price returned. The same option is available to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the property and the use it seeks. However, the sale may not be cancelled if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to bring an action resulting from fundamental defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised by law. »
Art. 1641 of the Civil Code: “The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Art.1642 of the Civil Code: “The seller is not bound by any apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is bound by hidden defects, even if he has not known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he shall only be bound to return the price and reimburse the buyer for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect. (…) »
5. PERSONAL DATA
Mr Painterman understands that the protection of data and privacy is an issue for all Internet users visiting the Website. Mr Painterman undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. likely to identify you directly or indirectly as a person. To learn more, we invite you to read our Privacy Statement, concerning the respect of the private life.
Within the framework of the Order, Mr Painterman has vocation to collect personal data of the Client. Mr Painterman is committed to protecting Clients’ personal data.
Files containing personal data necessary for the Order are notably stored on the host’s servers. Theses providers ensure that they comply with the requirements of the General Data Protection Regulation (GDPR). Mr Painterman does not communicate and does not trade personal data of Clients.
At the Order stage on the Site, the Client expressly consents to the collection and processing of his personal data necessary to carry out the Orders.
The personal data collected by Mr Painterman are intended to enable the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004 known as the “French Data Protection Act”, and the General Data Protection Regulation (GDPR), subject to proof of your identity, any Client, regardless of his nationality, has a right to access, modify and delete his personal data. Each Client is also entitled to request a limitation on the processing of his data and has, in addition, a right to the portability of data as well as a right to object to the processing of personal data concerning him.
For the purposes of applying this clause and, in particular, to ensure the confidentiality of Clients’ data, Mr Painterman has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, who can be contacted at the following address: it@mr-painterman.com
In any event, any Client has the right to make any complaint to the CNIL (French Data Protection Authority).
6. LIABILITIES
Mr Painterman cannot be held liable in the event of non-performance or improper performance of the contract due either to the Client’s fault, or to the insurmountable and unforeseeable fault of a third party to the contract, or in the event of a force majeure.
7. JURISDICTION – DISPUTES
All contractual provisions defined above are governed by French law. All disputes relating to the GTC fall under the jurisdiction of the courts of the domicile of the defendant or, at the choice of the plaintiff, the place of delivery of the Product ordered.
It is also recalled that every consumer has the right to have recourse free of charge to a consumer mediator with a view to amicably resolving the dispute between him and a professional. For this purpose, Mr Painterman guarantees the Client the effective use of a consumer mediation system.
For this reason, Mr Painterman invites the Client to contact him to propose any amicable settlement of any conflict and any competent mediator for the purpose of mediation between them.
Finally, it is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to justice.
This clause shall apply even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the method and terms of payment, without any clauses conferring jurisdiction that may exist on the Client’s documents being able to prevent the application of this clause.
RETURN POLICY
The Client has a right of withdrawal on the Order for a period of forteen (14) calendar days from the date of receipt of the Product ordered. During this period, the Client may return the undamaged Products, packaged and with original labels, without having to justify any reasons or pay any penalty.
Products must be returned intact and complete, and must not have been used.
All Products may be retracted, except those excluded by Article L. 221-28 of the French Consumer Code, including – in particular – any personalised products for the benefit of the Client.
The shipping costs to return the Product are the financial expense of the Client. Mr Painterman is committed to reimburse the Client for all the sums paid to him/her upon receipt of the returned product and to the recognition of the latter’s good quality. The refund will be made via the means of payment used during the order.
The Client must exercise his right of withdrawal:
- either by duly completing the retraction form proposed below and returning it by post to Mr Painterman’s registered office;
- or by contacting customer service by email at: painterman@mr-painterman.com
Returns will only be accepted if the procedure for returning products is respected by the Customer.
RETRACTATION FORM
Mr Painterman – return service
2 Passage de Crimée
75019 Paris
France
I hereby notify you of my withdrawal from the contract for the sale of the following product(s):
Ordered on:
Received on:
Order number:
Return number:
Client’s name:
Customer’s address:
Client’s signature:
Date: