Terms and conditions
General terms and conditions of online sales
Physical business address : French Don't Smell (by TGH Ventures) 32 boulevard de Strasbourg, 75010 Paris, France
1.1. These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company TGH VENTURES (hereinafter "The Company"), a SAS with a capital of 3,000 euros, registered with the Paris Trade and Companies Register under number 839 253 820, whose registered office is 32 boulevard de Strasbourg, 75010 Paris. Its e-mail address is firstname.lastname@example.org.
1.2. The company is the owner and publisher of the frenchdontsmell.com website (hereinafter ' the site '). The Site is hosted by Shopify Inc., domiciled at 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 – Canada, reachable at + 1-888-329-0139 or by email at: https://support.shopify.com
1.3. The director of the publication is Mr. Gachot Thomas
1.4. The Site proposes to the customer (hereinafter ' the customer ') the possibility of buying sporting goods and clothing and various promotional items (' Products ').
1.5. Prior to any use of the site, the customer must ensure that he has the technical and computerized means to use the site and to order the products of the site, and that his browser allows secure access to the site. The customer must also make sure that the computer configuration of his equipment/equipment is in good condition and contains no viruses.
2. APPLICATION AND ENFORCEABILITY OF THE GTC
2.1. The purpose of these GTC is to define all the conditions under which the company markets the products as proposed for sale on the Site to customers. They therefore apply to any order (' ' Order ' ') of products passed on the Site by the customer.
2.3. The validation of the order is therefore accepted by these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of the order.
2.4. Any contrary condition posed by the customer would therefore, in the absence of express acceptance, be unenforceable against the company irrespective of when it may have been brought to its knowledge.
2.5. The fact that the company does not at any time avail itself of any provision of these GTC, may not be construed as a waiver to avail itself of any provision of the said GTC at a later date.
3. CREATING AN ACCOUNT
When the order is passed, the required fields must be filled in earnest.
The company cannot guarantee a good performance of the Services if the fields filled by the customer are not entirely or are erroneous. Delivery may be delayed or cancelled without the company's liability being challenged in the event of erroneous information transmitted by the customer.
The customer guarantees that he is a major and in a capacity to contract.
It is forbidden to use a false identity or the identity of another person. If such a case were to be discovered, any legal remedies may be committed against the client.
4. ORDERING PRODUCTS ON THE SITE
4.1. The products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a slight variation in the colour of the products does not incur the liability of the company and does not affect the validity of the sale
4.2. The Company reserves the right to correct the contents of the site at any time.
4.3. The customer selects the product (s) he wishes to purchase, and can access the summary of his order at any time.
4.4. The order summary presents the list of the product (s) that the customer has selected, and includes any ancillary charges such as the delivery price added to the price of the product (s) of the order. The customer has the possibility to modify his order and to correct any errors before accepting his order.
4.5. After accessing the summary of its order, the customer confirms the acceptance of his order by checking the validation box of the GTC and then clicking on the validation icon of the order. The word ' ' order with payment obligation ' ' appears next to the Order validation icon to ensure that the customer explicitly acknowledges his obligation to pay the order.
4.6. After acceptance of the GTC and validation of the order with obligation to pay, the contract is validly concluded between the company and the customer and irrevocably commits them.
4.7. After the validation of its order and in order to be able to make the payment, the customer seizes the coordinates to which he wishes to obtain delivery of the product (s) ordered, and of billing if they are different. The delivery process of the product (s) is described below.
4.8. The customer validates its delivery and billing details the case applicable by checking the check box of the coordinates.
4.9. After having validated its delivery details and, where applicable, billing, the customer shall pay his order in accordance with the terms specified in the following articles of these GTC. The company then sends him a confirmation of order by email, picking up the items of the summary of his order, the delivery addresses and where necessary billing information.
4.10. The customer is informed that the Site can offer products in pre-sale. The payment of the price by the customer is worth booking. The Site will specify the deadlines before the receipt of the product. The money paid for the reservation is a deposit. The company does not make a discount.
5. PRICE AND TERMS OF PAYMENT OF THE ORDER
5.1. Prices are mentioned on the Site in the product descriptions, in euros and all taxes included for metropolitan France excluding participation in the shipping costs.
5.2. The total amount is indicated in the order summary, before the customer accepts these GTC, validates its order, informs and validates its delivery details and if necessary billing and proceeds to payment. This total amount is indicated in all taxes included.
5.3. The order of the products on the Site is payable in euros. The entire payment must be made on the day of the order by the customer, by credit card, except special conditions of sale expressly accepted by the customer and the company.
5.4. The Site uses the Paypal and stripe security system, a provider specializing in online payment security. This system guarantees the customer the complete confidentiality of his banking information. The credit card transaction made between the Client and the secure system is therefore fully encrypted and protected. This means that the information related to the order and the number of the credit card do not circulate on the Internet. The customer's bank details are not stored by the company computerized.
5.5. The customer warrants to the company that it has the necessary authorisations to use the method of payment when ordering.
5.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an order, irrespective of its nature and level of execution, in the event of default of payment or partial payment of any amount that would be owed by the customer to the company , in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an order.
5.7. The Company reserves the right to cancel any order suspicious (orders of more than €100 or concerning more than five identical products) for the purpose of illegal resale of its products on other platforms or Internet site.
6.1. The products proposed on the Site may be delivered to metropolitan France as well as in certain Member States of the European Union and to the United States or any other country indicated on the delivery page: Https://frenchdontsmell.com/pages/livraison.
6.2. The company intends to deliver the products within a period not exceeding 3 to 7 working days from the date of order, except in the case of pre-sale, this period being indicative and not binding on the company.
6.3. The customer is informed by email, when his order is ready, of his shipment. The product (s) ordered is (are) delivered to the delivery address indicated by the customer when ordering. The delivery is made by Fedex, at the choice of the customer. The customer can follow his order in real time.
6.4. The customer must ensure that the information communicated and mentioned in the confirmation email is correct, and that it remains so until complete delivery of the product (s) ordered. The customer therefore agrees to inform the company of any change of billing and/or delivery information that could be between the order and the delivery, by sending, without delay, an email to the email address customer service. In case of delay and/or delivery error, the customer will not be able to incur the liability of the company in the event of a defect in delivery, and the customer Service of the company will contact the customer for a second delivery to the customer's charge.
6.5. The Company shall not be liable if the non-receipt of the products is due to the fact of a third party outside its intervention or in case of theft.
6.6. In case of return of the order due to the absence of the customer, the customer service of the company will contact the customer for a second delivery at the expense of the customer.
6.7. The customer will be able to follow the delivery of his order by contacting customer Service.
7. CUSTOMER SERVICE
7.1. For any request for information, clarification or any claim, the customer must contact, as a matter of priority, the customer Service of the company, in order to allow the latter to try to find a solution to the problem.
7.2. The customer Service of the company is available from Monday to Friday, from 9am to 5pm using the following coordinates:
-Mail: 32 Boulevard de Strasbourg, 75010 Paris
8. LEGAL AND COMMERCIAL GUARANTEES
All the products proposed by the company are subject to the legal guarantee of conformity provided by the law, and in particular articles L. 217-4, L. 217-5 and L. 217-12 of the consumer Code, and the guarantee of hidden defects provided for in articles 1641 and 1648 , first paragraph, of the Civil Code:
Article L. 217-4 of the consumer Code: ' ' The seller delivers a property in accordance with the contract and responds to defects of conformity existing at the time of issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been charged by the contract or has been carried out under its responsibility ' '.
Article L. 217-5 of the consumer Code: ' ' The property is in accordance with the contract:
1 ° If it is specific to the usual expected use of a similar property and, where applicable:
-If it corresponds to the description given by the seller and has the qualities which he has presented to the purchaser in the form of a sample or a model;
-If it presents the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° or if it presents the characteristics defined by common agreement by the parties or be peculiar to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted ' '.
Article L. 217-12 of the consumer Code: ' ' the action resulting from the failure to comply is prescribed by two years from the issuance of the property. ' '
Article 1641 of the Civil Code: ' ' The seller is liable for the concealed defects of the thing sold which render it unfit for the use to which it is intended, or which so diminish this use that the purchaser would not have acquired it, or would have given only one m Anoint Price, if he had known them. ' '
Article 1648 of the civil Code, first paragraph: ' ' the action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. ' '
If a customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the company as soon as possible from the date of receipt of the order at the following e-mail address: email@example.com, or by Registered mail with acknowledgement of receipt at the following address: 32 Boulevard de Strasbourg, 75010 Paris, specifying the defect or non-conformity in question.
It will be the Client's responsibility to provide any justification for the designation of apparent defects and/or anomalies. The customer will have to leave to the company any facility to make the determination of these defects or non-compliances and to remedy it if necessary. He will refrain from interfering with himself or involving a third party for that purpose.
If the defects and/or anomalies are confirmed by the company, it shall then send the customer its instructions on how to proceed after having read the claim so formulated and, if necessary, will proceed to the replacement of the product whose Company would have been led to notice the failure to comply, or the defect.
In the event that the exchange of the product is not possible, the company will be required to reimburse the customer within fourteen days of receipt of the product. The refund will be made on the company's proposal by credit on the customer's bank account, the customer may opt for another method of reimbursement than the one proposed.
9. OBLIGATIONS OF THE CUSTOMER
9.1. The customer agrees to abide by the terms of these GTC.
9.2. The customer agrees to use the Site and the products in a manner consistent with the company's instructions.
9.3. The customer agrees that he will only use the Site for his personal use, in accordance with these GTC. In this respect, the customer agrees to refrain:
-To use the Site in any way illegal, for any purpose illegal or in any way incompatible with these GTC.
-To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form by the customer, attempt to Discover any source code or use any software that activates or includes all or part of the Site.
-Attempting to obtain unauthorized access to the site's computer system or engaging in any disruptive activity, diminishing quality or interfering with performance or deteriorating the site's functionality.
-Use the site for abusive purposes by voluntarily introducing viruses or other malicious programs and attempting to access the site unauthorized.
-to impair the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties.
-to denigrate the Site and/or the products as well as the company on social networks and any other means of communication.
9.4. If, for any reason, the company considers that the customer does not comply with these GTC, the company may at any time, and in its sole discretion, remove its access to the Site and take any measures including any civil and criminal judicial action to Against him.
10. RIGHT OF WITHDRAWAL
10.1. In accordance with articles L. 121-18 et seq. of the consumer Code, the customer has a period of 14 free days from the receipt of the last product ordered from the Site to exercise his right of withdrawal from the company, without having to Justify reasons or pay a penalty.
10.2. To exercise its right of withdrawal of the order the Client must notify his decision of withdrawal by means of a declaration unambiguous, without justifying reasons. The customer may communicate his decision of withdrawal to the company by any means, in particular by sending it by mail to the company at the following address: 32 Boulevard de Strasbourg, 75010 Paris or by e-mail at firstname.lastname@example.org.
10.3. The customer has a retraction form on the Site to be completed. Once completed, the retractable withdrawal form can be forwarded directly to the company by clicking on the shipping icon provided for this purpose. The form can be found at the following address: form
10.4. In accordance with article L221-5 of the consumer Code, ("Hamon Law") of June 2014, the consumer customer can find below a standard form of withdrawal for an order placed on the site to be sent to the email address email@example.com :
(Please complete and return this form only if you wish to withdraw from the contract.)
TGH VENTURES, Chez ABC Liv, 32 bd de strasbourg, 75468 Paris Cedex 10, France.
I/We (*) hereby notifies/notifies you (*) of my/our (*) retraction of the contract relating to the sale of the property (*)/to The provision of services (*) below:
Ordered on (*)/Received on (*):
Name of Client (s):
Address of Client (s):
Signature of Client (s) (only if this form is notified on paper):
(*) Scratch the unnecessary mention.
In the event of notification to the company by the customer of its decision of withdrawal, irrespective of the means employed, the company will send to it without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
10.5. The Customer must return the product(s) in the same condition as that in which it received them, and with all packaging, accessories and notices (even if the product(s) has or have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address:
TGH VENTURES at
Chez ABC Liv, 32 bd de strasbourg, 75468 Paris Cedex 10, France. In accordance with the law, the Customer shall bear the cost of returning the product(s).
10.6. The customer is invited to indicate the reason for return/withdrawal, in order to help the company to improve its service.
In the event of retraction of the customer, the refund of the product (s) which has been the subject of the right of withdrawal shall be effected by the company by the same means of payment as that used for the original transaction, unless the customer expressly agrees of a different way. In any event, this reimbursement will not incur a fee for the customer. The refund shall be made as soon as possible and not later than 14 days from the day on which the company is informed of the customer's decision to retract its order.
10.7. In accordance with article L. 221-23 of the consumer Code, the customer is informed that his liability is incurred in respect of the company only for the depreciation of the product (s), returned following the exercise of his right of withdrawal, Resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or that property.
11.1. The Company shall implement all measures to ensure that the customer supplies quality products under optimum conditions. However, in no event shall it be liable for any breach or misperformance of all or part of the benefits provided for in the contract, which would be attributable either to the customer or to the unpredictable and insurmountable fact of a third The contract or a case of force majeure. More generally, if the company's liability was incurred, it could not in any case agree to indemnify the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
11.2. The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any elements present or obtained through these sites.
11.3. The establishment of such links or the reference to any information, articles or services provided by a third party shall not and may not be construed as an express or tacit endorsement by the company of such sites and elements or of their contents.
11.4. The company is not responsible for the availability of these sites and cannot control the content or validate the advertising, products and other information disseminated on these websites.
11.5. It is expressly stipulated that in no event shall the company be liable, in any manner whatsoever, for the case where the computer hardware or electronic mail of the customers rejects, for example by reason of anti-spam, the E-mails sent by the company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary of the order referred to in article 4.9 of these GTC and the shipment tracking e-mail.
11.6. The customer is fully aware of the provisions of this article and in particular the aforementioned warranties and limitations of liability, essential conditions without which the company would never have contracted.
12. PERSONAL DATA – COOKIES – SAFETY
12.1. The Company attaches great importance to the respect of privacy and takes all necessary technical and organisational measures to ensure the confidentiality and security of the personal data of the Customers. The processing of personal data carried out by
TGH VENTURES complies with the provisions of the French Data Protection Act n°78-17 of January 6, 1978 as amended by Law 2004-801 of August 6, 2004 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "Regulation").
TGH VENTURES, undertakes to process personal data.
12.2. It is recalled that, in the context of the supply of products, the company collects personal data from customers and in particular the following data:
1. Surname, first name
2. Address (street + CP + City + country)
3. Cell phone number
4. Sex (gender)
6. Connection data
7. Social Account ID (Facebook, Twitter, Instagram, Youtube)
9. Date of birth
The user is informed that the personal data reported as mandatory collected on the Site are:
-necessary for the management of the order,
-Used only in the context of the order and,
- intended exclusively for the company
TGH VENTURES, its subcontractors and service providers who take the necessary precautions to preserve the security of the data.
The personal information collected in this framework shall be kept in accordance with the rules prescribed by the law "Informatique et liberté", and by the regulation and for a period justified by the purpose of their treatment.
12.3. The company collects and processes the customer's personal data for the following purposes:
-Provision of products and services on the Site
-return management, exercise of the right of withdrawal, payment, billing...;
-Information about the company, the services and the activities of the Company;
-Response to possible customer questions/complaints;
-Development of statistics
-Management of customer rights requests;
-Management of unpaid and litigation.
12.4. The personal data of the customers shall be kept for the duration strictly necessary for their treatment.
12.5. The customer's personal data are intended:
-To the company (and in particular its sales department),
-External services responsible for fulfilling the social, accounting and tax obligations of the company (including the auditor).
The company may also communicate to third parties your personal data within the framework of legal obligations and in order to cooperate with the administrative and judicial authorities.
12.6. The personal data for which
TGH VENTURES is responsible for processing is located in countries offering an adequate level of protection either because it complies with the provisions of EU Regulation 2016/679 or the amended "Data Protection Act", or because it is recognised as adequate by the European Union. In the event that the personal data would be found, as a result of
TGH VENTURES or one of its subcontractors, in countries offering levels of protection that are not equivalent to the level of protection of personal data in the European Union,
TGH VENTURES undertakes that, where applicable, said transfer is governed by the Data Protection Shield set up between the European Union and the United States ("Privacy Shield") or by the signature of standard contractual clauses established by the European Commission or by the implementation of internal company rules ("BCR") and/or that the subcontractor guarantees that said governing measures have been taken.
TGH VENTURES https://www.frenchdontsmell.com/pages/privacy-policy
Any claim and application to exercise a right under the rules of personal data may be sent to the following address: firstname.lastname@example.org.
12.8. In case of violation of personal data, likely to create a risk for your rights and liberties,
TGH VENTURES will notify, under the conditions of article 33 of the Rules, the violation to the CNIL as soon as possible, and, if possible, 72 hours at the latest after becoming aware of it.
TGH VENTURES will also inform the customer, as soon as possible in accordance with the provisions of article 34 of the Rules.
Without prejudice to any other administrative or judicial remedies, if you consider that the processing of your personal data constitutes a violation of the provisions of the legislation in force, you have the possibility to lodge a claim To a competent supervisory authority such as the National Commission on Informatics and Freedoms (CNIL).
12.9. The company shall ensure that the customer's personal data are secured in an adequate and appropriate manner and has taken the necessary technical and organisational precautions to preserve the security and confidentiality of the data and in particular to prevent Whether they are distorted, damaged or communicated to unauthorized persons.
12.10. Obligations of Customers:
-Clients acknowledge that the personal data disclosed by them are valid, up-to-date and adequate;
-Customers undertake not to interfere with the privacy, image and protection of the personal data of any third party and thus not to communicate to the company the data of third persons without their consent.
12.11. Each computer connected to the Internet network has an IP address. As soon as a client navigates the site, the company collects the client's IP address to analyze the traffic on the site and to monitor the client's activity on the site to ensure that the customer does not perform acts that may impair General terms and conditions of sale on the Site.
12.12. COOKIES AND STATISTICAL TOOLS
12.12.2. In accordance with the deliberation of CNIL No. 2013-378 of 5 December 2013, the company also informs customers that cookies record certain information that is stored in the memory of their hardware/computer equipment. This information is used to improve the use and operation of the Site as well as the other services of the company. An alert message asks each person visiting the Site beforehand if they want to accept cookies. These cookies do not contain confidential customer information.
12.12.3. The customer visiting the homepage of the Site will be informed:
-precise purposes of the cookies used;
-the possibility to oppose these cookies and change the settings by clicking on a link present in the headband.
12.12.4. To ensure the Client's free, informed and unequivocal consent, the headband will not disappear until it has expressly made its choice.
12.12.5. Except prior consent of the customer, the deposit and the reading of cookies will not be made:
-If the Client goes to the site (homepage or directly on another page of the site) and does not continue his navigation: a mere absence of action cannot be assimilated in fact to a manifestation of will;
-or if it clicks on the link in the banner allowing it to set the cookies and, if necessary, refuses the deposit of cookies.
The customer agrees not to interfere with the security of the Site. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. Nor can the customer impair or hinder the company's information system. Failing that, the company may take its action against any measure, including criminal liability under articles 323-1 and following of the penal Code.
13. INTELLECTUAL PROPERTY
13.1. All the elements of this site and the site itself, are protected by copyright, trademark law, designs and/or any other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the whole world.
13.2. The name and trademark
TGH VENTURES, the logos, designs, stylised letters, figurative trademarks, and all the signs represented on this Site are and will remain the exclusive property of the Company.
13.3. No title or right whatsoever on any element or software shall be obtained by downloading or copying elements of this Site. It is strictly forbidden for the customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more than Modify or perform any work by taking them as a basis, not selling or participating in any sale in connection with this site, the elements of this site or any software related thereto.
13.4. The company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Site.
13.5. Any use by the customer of the company's names, marks and distinct signs belonging to the corporation is strictly prohibited except in the event of an express and prior agreement of the company.
14.1. By checking the box provided for this purpose or by expressly giving its consent for this purpose, the customer accepts that the company may send to it, at a frequency and in a form determined by the customer, a newsletter (information letter) which may contain Information related to its activity.
14.2. When the customer checks the box provided for this purpose in the registration process on the Site to place the order, he agrees to receive commercial offers from the company for products similar to those ordered.
14.3. Subscriber members will have the option of unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).
15. APPLICABLE LAW AND AWARD OF JURISDICTION
15.1. These gtc are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
15.2. In the event of a dispute which may arise in connection with the interpretation and/or performance of the present or in relation to these GTC, the customer may decide to submit the dispute with the company to a conventional mediation procedure or Any other alternative method of dispute resolution. In particular, the Client can contact the Paris mediation and arbitration Centre, 39 Franklin Roosevelt Avenue, 75008 Paris, 01 44 95 11 40, Email: email@example.com.
15.3. In case of failure of this mediation procedure or if the Client wishes to enter a court, the rules of the Code of Civil procedure shall apply.