GENERAL CONDITIONS FOR SALE
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Preamble
These General Conditions of Sale, hereinafter referred to as the "GTC", govern sales concluded on the website accessible to the address www.rallymegastore.com, hereinafter referred to as "the Site".
The Site is operated by:
24H from Mans Merchandising Ltd
27–29 Baldwin Street
Bristol BS1 1LT
United Kingdom
Company registered in the United Kingdom under the number 8652314.
Legal representative: Mr. Gabriel Pelegrin
Customer service: contact@rallymegastore.com
These Terms and Conditions apply to any order placed on the Site by a consumer, i.e. any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, professional or professional activity.
Any order placed on the Site implies the full acceptance of these Terms and Conditions.
Article 1 – Definitions
For the purposes of these GTCs, the following terms have the meaning given to them:
Client : any natural person purchasing one or more Products on the Site for non-professional purposes.
Command : any order for Product(s) placed by the Customer on the Site.
Products : articles offered for sale on the Site.
Company : 24 hours from Mans Merchandising Ltd, operator of the Site.
Site : the website accessible to the address www.rallymegastore.com.
Article 2 – Purpose
The purpose of these Terms and Conditions is to define the rights and obligations of the Company and the Customer in connection with the remote sale of the Products offered on the Site.
The applicable GTCs are those in force on the date of validation of the Order by the Customer.
The Company reserves the right to amend these Terms and Conditions at any time. The changes will not apply to already validated Commands.
Article 3 – Products
The Products offered for sale are presented on the Site with their essential characteristics, subject to the information provided by the manufacturers, suppliers or owners of the rights concerned.
The photographs, visuals, illustrations, colours, dimensions and descriptions of the Products are provided for information purposes. Despite the careful presentation, slight differences may exist, especially depending on the screen settings, the manufacturing series or the evolutions made by the manufacturers.
Manufacturers and suppliers may modify certain technical, visual or compositional characteristics of a Product without notice. These amendments do not affect the conformity of the Product when they do not alter its essential characteristics.
The trademarks, logos, visuals, designs, trade names and other intellectual property elements on the Products or on the Site are the property of their respective owners. Their use on the Site does not confer any rights on the Customer other than the purchase of the Products concerned.
Article 4 – Availability of Products
The offers of Products and prices are valid as long as they are visible on the Site, within the limits of available stocks.
In case of total or partial unavailability of a Product after validation of the Order, the Customer will be informed by e-mail as soon as possible.
The Customer will then be able to choose between:
- replacement of the not available product with an equivalent product, subject to availability;
- partial delivery of the Order with refund of the unavailable product(s);
- the cancellation of all or part of the Order and the refund of the corresponding sums.
No replacement will be carried out without the Customer's prior consent.
Article 5 – Prices
The prices of the Products are displayed in euros, all taxes included, unless otherwise indicated.
Delivery costs, when applicable, are indicated before the final validation of the Order and added to the total amount to be paid.
The Corporation reserves the right to change its prices at any time. The Products are, however, invoiced on the basis of the rates displayed on the Site at the time of validation of the Order, subject to availability.
Any customs duties, local taxes, import charges or other charges applicable in the country of destination shall remain the exclusive responsibility of the Customer, unless otherwise specified at the time of the Order.
Article 6 – Orders
The Customer can place Order on the Site after selecting the desired Products and having added them to his cart.
Before validation, the Customer can check the details of his Order, change the quantities, check the total price and inform or modify his delivery and billing information.
The validation of the Order implies full acceptance of these Terms and Conditions as well as payment obligation.
The Company sends the Customer a confirmation e-mail summarizing the Order, its number, the Products ordered, the total price and the delivery information.
The sale is considered final after confirmation of payment by the payment agency concerned and receipt of the order confirmation e-mail.
The Company reserves the right to refuse or cancel a Order in the event of fraud, attempted fraud, unauthorized payment, manifest price error, abnormally high quantity, unavailability of a Product or any other legitimate reason.
Article 7 – Client account
The creation of a customer account may be necessary to place Order on the Site.
The Customer undertakes to provide accurate, complete and up-to-date information when creating his account and placing his Orders.
The Customer is solely responsible for the confidentiality of its login identifiers. Any action taken from his account shall be deemed to have been carried out by the Customer, unless proven otherwise.
The Customer must inform the Company without delay in case of unauthorized use of his account or loss of his identifiers.
Article 8 – Modification or cancellation of an Order
After validation and payment, a Order cannot normally be changed or cancelled.
However, the Company may, on an exceptional basis and to the extent that the preparation or dispatch of the Order has not begun, consider an amendment request addressed to the Customer Service.
No changes can be guaranteed, especially for customised, flogged, embroidered or custom-made products.
Where the requested modification results in a price difference, the Customer will be informed of the corresponding amount before any validation of the modification.
Article 9 – Payment
Payment is due immediately upon validation of the Order.
The methods of payment accepted are those offered on the Site at the time of the Order, including credit cards such as Carte Blue, Visa, Mastercard, American Express, Discover or Diners Club, when available.
Payments are processed by secure payment providers. The Company does not have access to the Customer's complete banking data.
In case of refusal of payment authorisation by the bank or payment provider, the Order cannot be validated.
Promotional codes, discount vouchers and assets are subject to their specific conditions of use, including duration, minimum amount, eligible products and number of uses.
Article 10 – Delivery
The applicable terms, time limits and delivery costs are indicated on the Site prior to the validation of the Order.
Orders are prepared and shipped on working days, Monday to Friday, excluding holidays.
The Products are usually shipped within one to ten working days after validation of the Order, depending on the availability of the Products, any customizations requested and the period of activity.
Delivery is ensured by La Poste or FedEx, depending on the destination, type of product and method of delivery chosen.
Shipping times vary according to destination and carrier. As an indication, they may be between two and 16 working days after dispatch.
The Products are delivered to the address indicated by the Customer when ordering. The Customer is responsible for the accuracy of the information provided.
In case of delay in delivery, the Customer may contact the Customer Service at the address contact@rallymegastore.com.
In case of non-delivery within the announced time limit or, failing this, within the applicable legal time limit, the Customer may order the Company to deliver within a reasonable additional time. In the absence of delivery within this new period, the Customer will be able to request the resolution of the sale under the conditions laid down by law.
Article 11 – Receipt of Products
The Customer is invited to check the apparent condition of the package and the Products upon receipt.
In the case of packages that are clearly damaged, opened, incomplete or show an apparent anomaly, the Customer is invited to:
- refuse the package when its condition does not permit normal reception;
- formulating specific reservations on the delivery document or with the carrier;
- take photographs of the package, packaging, transport label and the products concerned;
- contact Customer Service quickly at the address contact@rallymegastore.com.
The absence of a reservation at the time of delivery does not deprive the Customer of its legal rights, in particular as regards the legal guarantee of conformity.
Article 12 – Right of withdrawal
In accordance with the applicable legal provisions, the Consumer Customer has a period of fourteen days from the receipt of the Products to exercise his right of withdrawal, without having to justify a reason or to pay a penalty.
In order to exercise this right, the Customer must notify the Company of its decision to withdraw before the expiry of the fourteen-day period, by e-mail to the address contact@rallymegastore.com or by means of the withdrawal form set out in the Annex to these General Terms and Conditions.
The Customer must return the Products concerned within 14 days of the communication of his decision to withdraw.
The direct costs of return shall remain at the Customer's expense, unless the Company, Product defective or Product non-compliant makes an error.
Return address:
24H from Mans Merchandising Ltd
27–29 Baldwin Street
Bristol BS1 1LT
United Kingdom
The Products must be returned in full, clean, uncarriaged, unwashed, undamaged and, where reasonably possible, in their original packaging.
The responsibility of the Customer may be incurred in case of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product.
The Company will reimburse the amounts paid by the Customer, including the initial standard delivery costs, within a maximum of 14 days from the notice of withdrawal. The Company may defer the refund until the Products have been recovered or until proof of shipment of the Products has been received by the Customer, whichever is the earlier.
The refund shall be made by the same means of payment as used in the Order, unless expressly agreed by the Customer for another means of refund.
Article 13 – Exclusions from the right of withdrawal
In accordance with the applicable legal provisions, the right of withdrawal shall not apply in particular:
- Products made according to the Customer's specifications;
- Products that are clearly customized, including jerseys with a personalized floccage, name, number, badge or any other customization requested by the Customer;
- Products which are unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;
- Products which have been carried, washed, soiled, deteriorated or rendered unfit for further marketing.
A personalized jersey with the official number of a player may not be taken over or exchanged if the player, club, selection or organizer of the competition subsequently changes this number.
Article 14 – Non-compliant or defective products
The Customer benefits from the legal guarantee of conformity under the conditions laid down in the applicable legal provisions.
The Company is required to issue a Product in accordance with the contract and is responsible for any defects in conformity existing at the time of issue and appearing within the applicable legal period.
In the event of a lack of conformity, the Customer may request repair or replacement of the Product. Where repair or replacement is impossible, refused, too expensive, cannot be carried out within the legal period or causes a major inconvenience to the Customer, the latter may request a reduction of the price or the resolution of the sale under the conditions provided by law.
The Customer may also benefit from the legal guarantee against hidden defects provided for by the applicable provisions of the Civil Code.
For any request for a non-compliant or defective Product, the Customer must contact the Customer Service at the address contact@rallymegastore.com, specifying the order number, the Product reference and, if possible, attaching photographs of the defect found.
No Product must be returned without prior instructions from the Customer Service, unless otherwise agreed by the Company.
Article 15 – Liability
The Company may not be held liable for damages resulting from improper use, improper maintenance, non-compliant use or normal wear and tear.
The Company shall not be held responsible for any delay or failure to fulfil its obligations resulting from a force majeure event, including a natural disaster, a strike, a disruption of transportation, a general breakdown, a war, an epidemic, an administrative decision or any event reasonably beyond its control.
The Company strives to provide accurate and up-to-date information on the Site. However, it does not guarantee the total absence of temporary errors, omissions or unavailability.
The Company reserves the right to correct at any time any manifest error relating to a Product, price or information published on the Site.
Article 16 – Personal data
The personal data collected during browsing the Site, creating an account or placing an Order are necessary in particular for the management of Orders, delivery, payment, follow-up of customer relationship, prevention of fraud and compliance with legal and accounting obligations.
The data may be communicated to providers involved in the execution of the Order, including payment providers, carriers, technical providers and partners necessary for the proper execution of the services offered.
Commercial communications by e-mail or SMS are sent only when the Customer has consented to it or when the applicable regulations permit it. The Customer can unsubscribe at any time through the link present in each communication or by contacting the Customer Service.
The Customer has rights of access, rectification, erasure, opposition, limitation and, where applicable, portability of his personal data.
To exercise its rights, the Customer may contact the Company at the following address: contact@rallymegastore.com.
For more information on the collection, use, retention and protection of personal data, the Customer is invited to consult the Privacy Policy of the Site.
Article 17 – Intellectual property
The content of the Site, including texts, photographs, visuals, logos, graphics, videos, databases, sound elements, software and layout, is protected by intellectual property rights.
Any reproduction, representation, adaptation, modification, translation, extraction or exploitation of all or part of the Site, by any process or medium whatsoever, is prohibited without the prior written permission of the Company or the owner of the rights concerned.
Article 18 – Customer Service
For any request for information, question relating to an Order, complaint, request for return or exercise of a right, the Customer may contact the Customer Service:
- by e-mail : contact@rallymegastore.com ;
- via the contact form available on the Site;
- via its customer space, when available.
Article 19 – Mediation of consumption
In the event of a dispute, the Customer must first address a written complaint to the Customer Service in order to seek an amicable solution.
If no amicable solution is found, the Consumer Customer may use a consumer mediator free of charge under the conditions laid down in the applicable rules.
Information about the competent mediator may be communicated to the Customer upon request to the Customer Service.
Article 20 – Applicable law and disputes
These Terms and Conditions are in French.
They are subject to French law, subject to the more protective mandatory provisions applicable in the country of habitual residence of the Consumer Customer.
In the event of a dispute, the competent courts will be determined in accordance with the applicable legal rules.
Nothing in these Terms and Conditions shall deprive the Consumer Customer of the mandatory rights which he enjoys under the applicable rules.
ANNEX – RETRACTATION FORM
To the attention of:
24H from Mans Merchandising Ltd
27–29 Baldwin Street
Bristol BS1 1LT
United Kingdom
E-mail : contact@rallymegastore.com
I hereby notify you of my withdrawal from the contract for the sale of the following Product(s):
Order from: _______________________________
Order number: _______________________________
Client Name: _______________________________
Client's address: _______________________________
Product(s) concerned: _______________________________
Date of receipt of Product(s): _______________________________
Date: _______________________________
Customer's signature, only in case of sending this form on paper: