ARTICLE 1 - Scope

 

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

 

Clothing retail e-commerce.

 

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://www. mycompanero. com which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are within the limits of available stocks, as specified when placing the order.

 

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

The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site https://www. mycompanero. com

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

 

The contact details of the Seller are as follows:

Terrazzoni and Son, SAS

Share capital of 8,000.00 euros

Registered with the RCS of Ajaccio, under number 340087428

15 Rue du General de Gaulle - 20137 Porto-Vecchio

Email:contact@mycompanero. com

Telephone: 04 95 31 06 67

Intra-community VAT number FR00340087428

 

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

Africa: South Africa, Algeria, Botswana, Comoros, Gabon, Ghana, Kenya, Reunion, Morocco, Mauritius, Seychelles, Sierra Leone, Senegal, Tunisia, Egypt.
North America: Antigua and Barbuda, Netherlands Antilles, Bahamas, Barbados, Bermuda, Canada, Dominica, Grenada, Greenland, Guadeloupe, Jamaica, Martinique, Saint Kitts and Nevis, Trinidad and Tobago, United States, British Virgin Islands, US Virgin Islands.

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: Saudi Arabia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei Darussalam, China, South Korea, Georgia, Hong Kong, China, India, Indonesia, Israel, Japan, Jordan, Kazakhstan, Kuwait, Lebanon, Macau, China, Malaysia, Maldives, Nepal, Oman, Uzbekistan, Philippines, Qatar, Singapore, Taiwan, China, Thailand, Vietnam, Yemen, United Arab Emirates, Cocos (Keeling) Islands.
Europe: Albania, Germany, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Cyprus (south), Croatia, Denmark, Spain, Estonia, Finland, France, Gibraltar, Greece, Guernsey, Hungary, Ireland, Iceland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Russia*, Czech Republic, 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, customs duties, local taxes, import duties or state taxes may be payable depending on the item(s) ordered. If this is the case, you will not incur any additional costs when your order is delivered, as these will have been taken care of by our services.

ARTICLE 2 - Price

The Products are supplied at the current prices listed on the site https://www. mycompanero. com, during the registration of the order by the Seller.

Prices are expressed in Euros, excluding and including tax, British Pound, Chinese Yuan, Japanese Yen, South Korean Won, US Dollar and United Arab Emirates Dirham excluding tax.

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

These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

 

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order (see "Delivery" page).

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 Products ordered.

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 terms:

The Customer chooses an item that he puts in his basket, an item that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact 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 provided.

 

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

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

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 relating to the payment of a previous order.

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

 

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

ARTICLE 3 Bis - Customer space - 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 to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his address. E-mail.

The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.

To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.

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 the event of non-compliance with the general conditions of sale and/or use, the site https://www. mycompanero. com will be able to suspend or even close a customer's account after formal notice sent electronically and which has had no effect.

Any deletion of an account, for whatever reason, results in the pure and simple 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 the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account entails the acceptance of these general conditions of sale.

ARTICLE 4 - Terms of payment

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

• 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 sums owed by the Customer beyond the deadlines set out above, and after the payment date appearing on the invoice sent to the latter , late penalties calculated at the legal rate applicable to the amount including tax of the purchase price appearing on the said invoice, will automatically and automatically be acquired by the Seller, without any formality or prior notice.

The late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against client.

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

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the https://www. mycompanero. com

 

Payments made by the Customer will not be considered final until the Seller has actually received the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following area(s):

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

North America: Antigua and Barbuda, Netherlands Antilles, Bahamas, Barbados, Bermuda, Canada, Dominica, Grenada, Greenland, Guadeloupe, Jamaica, Martinique, Saint Kitts and Nevis, Trinidad and -Tobago, USA, British Virgin Islands, US Virgin Islands.

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

Europe: Albania, Germany, Andorra, Austria, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Cyprus (south), Croatia, Denmark, Spain, Estonia, Finland, France, Gibraltar, Greece, Guernsey, Hungary , Ireland, Iceland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Russia, Czech Republic, 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.

 

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

Delivery constitutes the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

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

 

If the Products ordered have not been delivered within 14 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request from the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than thirty days following the date of termination of the contract, excluding any compensation or deduction.

 

Deliveries are handled by the carrier DHL, to the address given by the Customer when ordering and to which the carrier can easily access.

 

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

• Compañero, 15 Rue du General De Gaulle – 20137 Porto-Vecchio,
• Compañero Woman, 17 Rue César Campinchi – 20200 Bastia,
• Compañero Man, 15 Rue César Campinchi – 20200 Bastia,
• Compañero Clearance, 1 Rue de la porte Génoise – 20137 Porto-Vecchio.

 

 

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on estimate previously accepted in writing by the Customer.

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

· by mail to the e-mail address contact@mycompanero. com;
via his personal space;
in the Compañero store,

accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GCS.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the 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 in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions. ) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The return costs remain the responsibility of the Customer (see "Returns" page).

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 under the conditions provided for in this article.

ARTICLE 8 - Seller's liability - Warranties

Products provided by the Seller benefit from:

• the legal guarantee of conformity, for Products that are defective, damaged or damaged or that do not correspond to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

 

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The good complies with the contract:

1° If it is specific to the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

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 seller's attention and which the latter has accepted. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the Civil Code.

“The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from 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 which was granted to him during the acquisition or repair of movable property, 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 request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from the time of their discovery.

The Seller will refund, replace or have repaired the Products or parts under warranty found to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

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

The Seller cannot be held liable 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 verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that are not in conformity or 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 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 is likely to include on the Site computer applications from third parties allowing you to share content from the Site with other people or to make other people aware of the elements of your consultation. This is particularly the case of the “Share” or “Like” button on Facebook, Pinterest or Twitter.

 

9. 1 Collection of personal data

 

The personal data collected on the https://www. mycompanero. com are as follows:

 

Account opening

When creating the Client / user account:

Names, first names, postal address, telephone number and e-mail address.

 

Payment

As part of the payment for the Products offered on the site https://www. mycompanero. com, it records financial data relating to the Customer's / user's bank account or credit card.

 

9. 2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

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

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

 

9. 3 Data controller

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

 

9. 4 limitation of processing

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

 

9. 5 Duration of data retention

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

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against 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 Implementation of Customer and User rights

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

By logging into their 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 is inaccurate, they may request that the information be updated by writing to the address indicated in article 9. 3 "Data 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 can also request the portability of the data held by the Seller to another service provider
• Finally, they can object to the processing of their data by the Seller

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given below. above.

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

In the event of refusal to comply with the Customer's request, the latter must be motivated.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize 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 be able to withdraw his consent 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 prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - Applicable law - Language

These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCS.

The Client is informed that he may in any event have recourse to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of CONTESTATION.

In this case, the appointed mediator is

FEVAD (Federation of e-commerce and distance selling)

60 rue La Boétie – 75008 Paris

http://www. mediatorfevad. en

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

All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the courts. competent under the conditions of common law.