REFUND POLICY
applicable from 13/01/2023
ARTICLE 1. PARTIES
This refund policy is applicable between Underdog Club, Auto-entrepreneur, registered at the Paris RCS in France, under number 912662525, registered office: 61 Rue des Morillons, 75015 Paris, FR, email: underdogclubclothing@gmail.com, intra-community VAT no.: FR15912662525, hereinafter «the Publisher» and any person, natural or legal, private or public, registered on the Site to buy a Product, hereinafter «the Customer».
ARTICLE 2. DEFINITIONS
«Client»: any person, natural or legal, private or public, registered on the site.
«Content of the Site»: elements of any kind published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
«The Publisher»: Underdog Club, Auto-entrepreneur taken in his capacity as editor of the Site.
«Internet user»: any person, natural or legal, private or public, connecting to the site.
«Product»: property of any kind sold on the Site by the Publisher to Customers.
«Site»: website accessible at the URL underdogclub.myshopify.com, as well as the sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE
The Site is free access to all Internet users. Browsing the Site implies acceptance by any User of these general terms and conditions. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
By the same token, the Internet User acknowledges having fully read and accepted them without restriction.
Checking the box above will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the value of proof of the automatic registration systems of the Publisher and, except for him to prove otherwise, he renounces to dispute them in case of dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions assumes on the part of Internet users that they have the legal capacity necessary for this, or if they do not have the authorization of a tutor or curator if they are unable, their legal representative if they are minors, or they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. STAGES OF THE ORDER
5.1. Order
In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the User
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and can check their unit price, as well as their overall price. They will have the opportunity to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have completed the registration form perfectly, Customers will be asked to check or change their delivery and billing details, then will be asked to make their payment by being redirected for this purpose on the secure payment interface with the mention «order with payment obligation» or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt of the payment to the Client by electronic means, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming the processing, including all the information related to it.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and do not have effect for the future.
The prices indicated on the Site are understood in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
In the case of payments by credit card, the Publisher has no access to any data relating to the means of payment of the Customer. The payment is made directly to the bank.
In the case of payment by money order, cheque or bank transfer, delivery periods only begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher shall send or make available to the Client an invoice by electronic means after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext, including in case of dispute.
Any amount not paid by the due date shall, by operation of law and without formal notice, give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the exigibility of the sums due in principal.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of recovery fees in the amount of 40 euros, the immediate exigibility of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility to terminate the contract unilaterally to the detriment of the Customer. This clause is part of the provisions of article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. RECLAMATION - RETRACTATION – GUARANTEE 7.1. Customer Service
The customer service of the Site is accessible from the contact page of the site or by email to underdogclubclothing@gmail.com or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer who is a consumer within the meaning of the first article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, if applicable, of the return costs.
The period referred to in the preceding paragraph shall run from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not supplied on a physical medium, the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good.
When the period of fourteen days expires on a Saturday, Sunday or a holiday or a holiday, it shall be extended until the first following working day.
The decision to withdraw must be notified to the Publisher at the coordinates indicated in article 1 of these general conditions by means of an unambiguous declaration. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any case, the Publisher will send the Client as soon as possible an acknowledgement of receipt of said withdrawal by email.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is obliged to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the refund until the Products are recovered or until the Customer has provided proof of the shipment of the Products, at the earliest of both events. Beyond that, the amount due is, as of right, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Code of consumption.
If applicable, the professional makes the refund using the same payment method used by the Customer for the initial transaction, except with the express consent of the Customer for the use of another means of payment and to the extent that the refund does not incur any costs for the Customer. However, the professional is not obliged to refund the additional costs if the Customer has expressly chosen a delivery method more expensive than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 10 euros if, due to its nature, the Product cannot normally be returned by mail.
The Customer is only liable for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
the provision of services fully performed before the end of the withdrawal period and whose performance began with the Customer’s express prior agreement and express waiver of his right of withdrawal;
supply of goods made to the Customer’s specifications or clearly customized;
the supply of goods that are likely to deteriorate or expire rapidly;
supply of goods that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
maintenance or repair work to be carried out urgently at the Customer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
providing audio or video recordings or computer software when unsealed by the Customer after delivery;
provision of a newspaper, periodical or magazine, except for contracts for subscription to such publications;
concluded at a public auction;
provision of accommodation services, other than residential accommodation, transport services of goods, car rentals, catering or leisure activities which must be provided at a specified date or period;
the provision of digital content not provided on a material medium, the execution of which began with the Customer’s express prior agreement and express waiver of his right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Termination of the contract on the initiative of the Client
The consumer Customer may withdraw from the contract by registered letter with acknowledgement of receipt if the delivery date of the good exceeds seven days. The Customer will then be refunded the amounts incurred by him during the order.
This clause shall not apply if the delay in delivery is due to force majeure. In such a case, the Client undertakes not to bring proceedings against the Publisher and waives the right to invoke the resolution of the sale provided for in this article.
7.4. Guarantees
7.4.1. Guarantee of visible defects
It is the Customer’s responsibility to check the good condition of the Products at the time of delivery. This verification must include the quality, quantities and references of the Products and their compliance with the order. No claim will be considered after three days from delivery. In any case, any claim concerning the delivered packages will only be taken into account if the Customer having the quality of merchant has expressed reservations with the carrier in accordance with articles L. 133-3 and following of the French Commercial Code
7.4.2. Guarantee of hidden defects
7.4.2.1. Legal Warranties
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 and s. of the Civil Code) and a security guarantee (articles 1245 and s. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 and s. Consumer Code).
7.4.2.2. Conventional Warranty
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on the French territory, for a period of 1 year from the delivery of the Product.
ARTICLE 8. FINAL PROVISIONS
8.1. Applicable Law
These general conditions are subject to the application of French law.
8.2. Amendments to these Terms and Conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection on this Site, any new connection to the personal space taking acceptance if necessary of the new general conditions.
8.3. Litigation
Under Order No. 2015-1033 of 20 August 2015, any disputes with a consumer Customer that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicable between the parties must be submitted.
In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/? event=main.home2.show.
Since 1 January 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the details of a competent Mediator in case of dispute, and this does not matter whether he sells remotely or in a physical store (Source: FEVAD).
CNPM Mediation Consommation / https://www.cnpm-mediation-consommation.eu/
8.4. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract in its entirety, which will retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of the present.
8.5. Non-renunciation
The failure of the Publisher to exercise the rights granted to it hereunder shall in no event be construed as a waiver of such rights.
8.6. Telephone Canvassing
The Client is informed that he has the opportunity to register on the list of opposition to telephone canvassing at http://www.bloctel.gouv.fr/.
8.7. Languages of these Terms and Conditions
These terms and conditions are offered in French.
8.8. Unfair Terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.