PREAMBLE
These conditions of sale are concluded between,
on the one hand,
the company ESPINHEIRO SASU, registered with the RCS Pontoise under the number 832 794 002
and located in Bezons 95870, 71, rue Emile Zola,
hereinafter referred to as ESPINHEIRO SASU and,
on the other hand, people wishing to make a purchase via the ESPINHEIRO SASU website www.LeMaleAime.com , hereinafter referred to as “the user”.
These conditions relate exclusively to non-trading natural persons.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
PURPOSE
These conditions are intended to define the terms of sale between ESPINHEIRO SASU and the user, from the order through payment and delivery.
ARTICLE 1 – PRICE
1.1 – The prices of our products are indicated in €uros, all taxes included.
1.2 – All orders regardless of their origin are payable in €uros.
1.3 – In the event of an order to another country other than metropolitan France, the user is the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM; 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. These rights and sums are not the responsibility of ESPINHEIRO SASU. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country.
We advise you to inquire about these aspects with your local authorities.
1.4 – ESPINHEIRO SASU reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices at the time of registration of your order.
1.5 – The products remain the property of ESPINHEIRO SASU until full payment of the price.
ARTICLE 2 - ORDER
On the Internet: www.LeMaleAime.com
2.1 - The user has the possibility of placing his order in 2 forms:
• either directly online on the site.
• either by mail to the following address:
ESPINHEIRO SASU - Service Commandes
71, rue Emile Zola
95870 Bezons
France
2.2 - The order can only be registered on the site if the user has clearly identified himself either:
• by the entry of his client code (or specific LeMaleAime web identifier which is strictly personal to him).
• by completing the online order form allowing him to obtain
the allocation of a customer number which will be sent to him by the Customer Service following his 1st order.
2.3 - ESPINHEIRO SASU reserves the right to cancel or refuse any order from a user with whom there is a dispute relating to the payment of a previous order.
ARTICLE 3 – PAYMENT FOR YOUR PURCHASES
ESPINHEIRO SASU offers the user 4 methods of payment for his purchases:
• either online when ordering by bank cards in a secure SSL network:
Visa, MasterCard, Eurocard, other credit cards.
• or by bank check payable to ESPINHEIRO SASU.
In the event of payment by bank cheque, this must be issued by a bank domiciled in metropolitan France or Monaco.
The cashing of the check is made upon receipt of the check.
The check should be sent with your order to:
ESPINHEIRO SASU. Orders Department
71, rue Emile Zola
95870 Bezons
All the information allowing you to pay us by bank transfer will be sent to you at the time of validation of this method of payment.
The order will only be shipped once our bank has confirmed receipt of the transfer.
Upon receipt of your payment, ESPINHEIRO SASU undertakes to ship your order to you as soon as possible.
ARTICLE 4 – SECURITY
ESPINHEIRO SASU implements all means to ensure the confidentiality and security of data transmitted on the web.
As such, the site www.LeMaleAime.com has adopted a secure payment module with the SSL type encryption process (Secure Socket Layer).
This system is used by the largest French e-commerce sites and by the majority of banks.
Confidential data: 16-digit bank card number and expiration date are carried out in encrypted transmission on the server and are in no way known and recorded by ESPINHEIRO SASU.
ESPINHEIRO SASU pays optimum attention to security issues concerning payment on the internet. With the PAYBOX system, make your purchases on the site in complete security. Your bank details are encrypted and transmitted in a secure environment. Your card number, expiry date and cryptogram do not pass unencrypted on the internet thanks to SSL coding and are entered directly on the secure Paybox site.. ESPINHEIRO SASU only receives an authorization number via the internet during the transaction.
ARTICLE 5 - VALIDATION
3.1 - The user declares to have read and accepted these General Conditions of Sale before placing his order.
3.2 - The validation of his order therefore implies acceptance of these General Conditions of Sale.
ARTICLE 6 - AVAILABILITY
6.1 - ESPINHEIRO SASU undertakes to honor orders received on the website within 48 working hours with online payment by credit card only within the limits of available product stocks.
This deadline is given as an indication, ESPINHEIRO SASU will endeavor to respect or even reduce this deadline as far as possible.
6.2 – In the event of product unavailability after placing your order, ESPINHEIRO SASU undertakes to immediately inform the user by e-mail, specifying the information transmitted by our supplier on the exact date of departure. of his order. The average delay in the event of unavailability of a product is generally 4/5 working days.
This information coming directly from our suppliers, errors or modifications may exceptionally exist.
ARTICLE 7 – DELIVERY & DEADLINES
7.1 - The products are delivered to the delivery address that the user indicated during the ordering process.
7.2 – Packages are shipped, unless there is a special notification due to a shortage of stock, within 48 working hours following your online order.
7.3 - In case of payment other than by credit card online on our site, the order will be processed upon receipt of the method of payment chosen by the user.
Consequently, the deadlines applicable in this case are those on the day of receipt of the payment and its collection, the deadlines will therefore be different from those mentioned on the day of placing the order.
7.4 - ESPINHEIRO SASU cannot be held liable for non-performance of the contract concluded with the user in the event of out of stock or unavailability of the product.
In the event of force majeure, disruption or total strike, in particular of postal services and means of transport, communication, flood, fire.
When the user orders several products at the same time and these have different shipping times, the order shipping time is based on the longest time.
7.5 - Parcels sent by La Poste are sent by express service by Colissimo with tracking in mainland France.
The normal reception time for metropolitan France is 48 hours (D+2) for Colissimo with tracking.
Shipping costs are offered in Metropolitan France from 50.00 Euros of purchase.
In the event of an order lower than this amount, a flat rate of 5.00 Euros will be added to your order.
For Europe and the overseas departments, the shipping costs amount to 15.00Euros, for the rest of the World to 25.00Euros.
7.6 - Any anomaly noted on the external appearance of the package, box opened or damaged during delivery must imperatively be the subject of reservations on the delivery receipt for any subsequent complaints.
The merchandise travels at the risk and peril of the recipient.
7.7 – The user will receive his order in a closed, solid, discreet shipment and without any external mark identifying its content.
The sender will be referred to as: ESPINHEIRO SASU
ARTICLE 8 – COMPLIANCE OF PRODUCTS
The products offered on the www.LeMaleAime.com site comply with the legislation in force and the Standards applicable in France.
ARTICLE 9 – WITHDRAWAL PERIOD / COMPLAINT
The user has a withdrawal period of 7 days upon receipt of his order to return the products ordered, and request an exchange or refund. The user can send an e-mail to the following address:
contact@LeMaleAime.com .
Only items returned under the following conditions will be taken back:
- Unworn and undamaged items in their original, intact packaging.
- For hygiene reasons, briefs, strings, jockstraps and accessories will not be taken back or exchanged.
- As a rule, all unused products in their undamaged original packaging.
- The risks related to the return of the product (loss or deterioration) remain the responsibility of the user.
- Return costs are not covered by ESPINHEIRO SASU.
- In the event of an exchange not attributable to ESPINHEIRO SASU, the user must attach to his return package a lump sum check for 5 €uros for the shipping costs of the new item chosen.
- You must enclose the delivery note with the return package to ESPINHEIRO SASU, 71, rue Emile Zola, 95870 Bezons.
- The original shipping costs of the order are not refunded and will be applied to any refund requested. This rule also applies to orders for which shipping costs have been offered by referring to our current shipping cost schedule.
ARTICLE 10 – CONFIDENTIALITY
The information and data concerning the user are necessary for the management of his order, to better inform the user and indicate to him the best offers reserved for ESPINHEIRO SASU customers, in particular by means of the newsletter on our site.
In accordance with the Data Protection Act of January 6, 1978, the user has a right of access, rectification and opposition to personal data concerning him.
To do this, the user must notify us by mail, indicating his surname, first name, address and, if possible, his customer reference, accompanied by a photocopy of his identity document.
ARTICLE 11 – RESPONSIBILITY
11.1 - ESPINHEIRO SASU has, for all stages of access to the site www.LeMaleAime.com , the ordering process, delivery or subsequent services, only an obligation of means.
11.2 - ESPINHEIRO SASU cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of a virus.
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1 - All elements of the www.LeMaleAime.com sites , whether visual or audio, are the exclusive property of ESPINHEIRO SASU.
12.2 - Any total or partial reproduction of the www.LeMaleAime.com site is strictly prohibited.
12.3 – All texts, comments, works, images and illustrations reproduced on the www.LeMaleAime.com site are reserved under copyright as well as intellectual property and for the whole world.
ARTICLE 13 - ENTIRETY
In the event that one of the clauses of this contract would be null and void by a change in legislation or regulations, or even by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
ARTICLE 14 - DURATION
These general conditions of sale may be modified at any time without notice.
ARTICLE 15- APPLICABLE LAW – DISPUTES
These conditions are subject to French law.
The language of these conditions is the French language.
The allocation of jurisdiction in the event of a dispute, and in the absence of an amicable agreement between the parties, is given to the commercial court of Fréjus alone.