GENERAL CONDITIONS OF SALE

GENERAL CONDITIONS OF SALE

 

Effective January 26, 2022

 

 

ARTICLE 1 - Scope of application

 

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Client"), wishing to acquire the products offered for sale ("Products") by the Seller on the website https://www.mycompanero.com. The Products offered for sale on the site are the following:

 

E-commerce of clothing retail.

 

The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://www.mycompanero.com website, which the client is required to read before placing an order.

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 T&Cs are available at any time on the website https://www.mycompanero.com and will prevail over any other document.

The Customer declares to have taken knowledge of the present CGV and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the https://www.mycompanero.com site.

In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

 

The Seller's contact information is as follows:

Terrazzoni et Fils, SAS

Share capital of 8 000,00 euros

Registered at the RCS of Ajaccio, under the number 340087428

15 Rue du Général de Gaulle - 20137 Porto-Vecchio

Email : contact@mycompanero.com¨

Telephone: 04 95 31 06 67

Intracommunity VAT number FR00340087428

 

The Products presented on the site https://www.mycompanero.com are offered for sale in the following territories:

Africa: Algeria, Botswana, Comoros, Gabon, Ghana, Kenya, Reunion, Mauritius, Morocco, Seychelles, Sierra Leone, Senegal, South Africa, Tunisia, Egypt. 
 North America: Antigua and Barbuda, Bahamas, Barbados, Bermuda, Canada, British Virgin Islands, Dominica, Grenada, Greenland, Guadeloupe, Jamaica, Martinique, St. Kitts and Nevis, Trinidad and Tobago, 
 Netherlands Antilles, United States.
 
 South America: Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Guatemala, French Guiana, Honduras, Mexico, Nicaragua, Panama, Puerto Rico, Peru, Dominican Republic, Uruguay, Venezuela, Ecuador. 
 Asia: Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, China, Georgia, Hong Kong, China, India, Indonesia, Israel, Japan, Jordan, Kazakhstan, Kuwait, Lebanon, Macau, China, Malaysia, Maldives, Nepal, Oman, Philippines, Qatar, Saudi Arabia, Singapore, Taiwan, China, South Korea, Thailand, Vietnam, Uzbekistan, Yemen, Cocos (Keeling) Islands. 
 Europe: Albania, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus (south), Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Latvia, Liechtenstein, Spain, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia*, 
 United Kingdom, Serbia, Slovakia, Slovenia, Switzerland, Sweden, Turkey, Ukraine, Isle of Man, Faroe Islands. 
 Oceania: Australia, Fiji, New, Caledonia, New, Zealand, Palau, Papua, New, Guinea, French Polynesia, American Samoa, Tuvalu. 
 

 

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

 

ARTICLE 2 - Prices

 

The Products are supplied at the prices in force appearing on the site https://www.mycompanero.com, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, HT and TTC, British Pound, Chinese Yuan, Japanese Yen, South Korean Won, US Dollar and United Arab Emirates Dirham HT.

The prices take into account any discounts that may be granted by the Seller on the website https://www.mycompanero.com.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

 

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order (see page "Delivery").

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.

 

ARTICLE 3 - Orders

 

It is up to the Customer to select on the site https://www.mycompanero.com the Products he wishes to order, according to the following modalities:

The Customer chooses an article that he puts in his basket, article that he will be able to delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.

 

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the site https://www.mycompanero.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the evolution of his order on the site.

 

Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).

 

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, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.

The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.

To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@mycompanero.com. This will be effective within a reasonable time.

 

In case of non respect of the general conditions of sale and/or use, the site https://www.mycompanero.com will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic way and remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.

The creation of an account implies the acceptance of the present general conditions of sale.

 

ARTICLE 4 - Terms of payment

 

The price is paid by secure payment, according to the following methods:

  • payment by credit card,
  • payment via PayPal.

 

The price is payable in cash by the Customer, in full on the day the order is placed.

 

However, the Customer may, when this possibility is indicated on the site https://www.mycompanero.com, pay according to the following conditions and schedule:

x3 free of charge.

 

In this case, in the event of late payment and payment of the sums due by the Customer beyond the deadlines set forth above, and after the date of payment appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price, including VAT, appearing on the said invoice, shall be automatically and by operation of law due to the Seller, without any formality or prior formal notice.

Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer in this respect.

In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.

 

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in the banking transactions carried out on the site https://www.mycompanero.com.

 

Payments made by the Customer shall not be considered final until the Seller has received the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the conditions indicated above.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Customer will be delivered in Metropolitan France or in the following areas:

Africa: Algeria, Botswana, Comoros, Gabon, Ghana, Kenya, Reunion, Mauritius, Morocco, Seychelles, Sierra Leone, Senegal, South Africa, Tunisia, Egypt. 

North America: Antigua and Barbuda, Bahamas, Barbados, Bermuda, Canada, British Virgin Islands, Dominica, Grenada, Greenland, Guadeloupe, Jamaica, Martinique, St. Kitts and Nevis, Trinidad and Tobago, United States.

South America: Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Guatemala, French Guiana, Honduras, Mexico, Nicaragua, Panama, Puerto Rico, Peru, Dominican Republic, Uruguay, Venezuela, Ecuador. 

Asia: Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, China, Georgia, Hong Kong, China, India, Indonesia, Israel, Japan, Jordan, Kazakhstan, Kuwait, Lebanon, Macau, China, Malaysia, Maldives, Nepal, Oman, Philippines, Qatar, Saudi Arabia, Singapore, Taiwan, China, South Korea, Thailand, Uzbekistan, Vietnam, Yemen, United Arab Emirates, Cocos Islands (Keeling). 

Europe: Albania, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus (South), Denmark, Estonia, Finland, France, Gibraltar, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Italy, Jersey, Latvia, Liechtenstein, Spain, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Switzerland, Sweden, Turkey, United Kingdom, Ukraine, Isle of Man, Faroe Islands.

Oceania: Australia, Fiji, New, Caledonia, New, Zealand, Palau, Papua, New, Guinea, French Polynesia, American Samoa, Tuvalu.

 

Deliveries are made within 1 to 30 days depending on the country, to the address indicated by the Customer when ordering on the site.

Delivery is constituted by 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 at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

 

If the ordered Products were not delivered within 14 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the thirty days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.

 

Deliveries are made by the carrier DHL, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.

 

The Seller also offers free delivery in one of its stores accessible via the following link or locations:

  • Compañero, 15 Rue du Général De Gaulle - 20137 Porto-Vecchio,
  • Compañero Femme, 17 Rue César Campinchi - 20200 Bastia,
  • Compañero Homme, 15 Rue César Campinchi - 20200 Bastia,
  • Compañero Destockage, 1 Rue de la porte Génoise - 20137 Porto-Vecchio.

 

 

In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.

The Customer is required to check the condition of the products delivered. He has a period of 30 days maximum as from the delivery to formulate complaints:

- by e-mail to contact@mycompanero.com; 
 - via your personal space; 
 - in a Compañero store, 

accompanied by all related documents (photos in particular). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Products from the Seller to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

ARTICLE 7 - Right of withdrawal

 

According to the terms of Article L221-18 of the Consumer Code "
 For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTC.

The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not accepted.

The return shipping costs remain at the charge of the Customer (see page " Return ").

The exchange (subject to availability) or refund will be made within 30 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions set forth in this article.

 

ARTICLE 8 - Seller's liability - Warranties

 

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order,
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making 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 is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility."

Article L217-5 of the Consumer Code

"The property conforms to the contract:

(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :

- 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;

- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising 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 Consumer Code

"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good."

Article 1641 of the Civil Code.

"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

In order to assert his rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This refund will be made by transfer to a bank card or Paypal account.

The responsibility of the Seller shall not be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
  • in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.

 

ARTICLE 9 - Personal data

 

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.

The Customer is also informed that the collection of his personal data is also necessary for the following purposes

MyCompañero may include on the Site computer applications from third parties that allow you to share the contents of the Site with other people or to let other people know about elements of your consultation. This is notably the case of the "Share" or "Like" button on Facebook, Pinterest or Twitter.

 

9.1 Collection of personal data

 

The personal data that are collected on the site https://www.mycompanero.com are the following:

 

Opening an account

When creating a customer/user account: 

Full name, postal address, telephone number and e-mail address.

 

Payment

Within the framework of the payment of the Products proposed on the https://www.mycompanero.com site, this one records financial data relating to the bank account or the credit card of the Customer/user.

 

9.2 Recipients of personal data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

  • DHL Express transport providers,
  • The payment institution provider PayPal,
  • Analysis and data exploitation: Google Analytics, Google Ads, Meta (Facebook) and LuckyOrange,
  • Customer relations: FreshChat,
  • Electronic prospecting (newsletters) Sendinblue.
     
     

 

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

Unless the Customer expressly agrees, his personal data will not be used 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 time of the prescription of the applicable contractual civil liability.

 

9.6 Security and Privacy

Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Enforcement of Customer and User Rights

In application of the regulations applicable to personal data, customers and users of the site https://www.mycompanero.com have the following rights:

  • They can update or delete their data in the following ways:

By logging into your account or via e-mail: contact@mycompanero.com.

  • They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
  • If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
  • They may also request the portability of data held by the Seller to another provider
  • Finally, they may object to the processing of their data by the Seller

These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.

The data controller must provide a response within a maximum of one month.

In case of refusal to grant the Customer's request, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual Property

 

The content of the site https://www.mycompanero.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

ARTICLE 11 - Applicable law - Language

 

The present GTC and the operations which result from it are governed and subjected to the French law.

The present GTC are written in French. In the event that they are translated into one or 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 the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute. 

In this case, the appointed mediator is

FEVAD (Federation of e-commerce and distance selling)

60 rue La Boétie - 75008 Paris

http://www.mediateurfevad.fr

The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.