SHIPPING POLICY
applicable from 13/01/2023
ARTICLE 1. PURPOSE
The purpose of this shipping policy is to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.
ARTICLE 2. PARTIES
This shipping policy is applicable between Underdog Club, Auto-entrepreneur, registered at the RCS in Paris, 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 3. 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 4. SCOPE
The Site is free access to all Internet users. Browsing the Site implies acceptance by any User of this shipping policy. The simple connection to the Site, by any means whatsoever, including through a robot or a browser, will imply full acceptance of this shipping policy. 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.
This shipping policy is applicable to relations between the parties to the exclusion of all other conditions, including those of the Internet user.
Acceptance of this shipping policy assumes that Internet users have the necessary legal capacity to do so, or if they are unable to do so, without the authorization of a tutor or curator, their legal representative if they are minors, or they hold a mandate if they act on behalf of a legal person.
ARTICLE 5. DELIVERY
5.1. Delivery costs
The costs of delivery or provision will, in any case, be indicated to the Customer before any payment and only concern deliveries made in metropolitan France, including Corsica. For any other place of delivery, it will be up to the Customer to contact customer service.
In the event of delivery of the Product to the Customer in a shop or in a partner place of the Publisher, the related costs are specified to the Customer at the time of the order.
The delivery costs indicated on the Site are understood in euros, all taxes included.
5.2. Delivery time
Orders are delivered by To be filled in [allCarriers] within 5 working days from the perfect receipt of the price by the Publisher.
Some products or certain order volumes may nevertheless justify a delivery period of more than 5 working days. This will be expressly mentioned to the Customer when validating the order.
5.3. Damaged Package
In case of delivery of a package clearly and visibly damaged, it is up to the Customer to refuse it in order to enjoy the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package is prepared and then shipped upon receipt of the damaged package in return. In this case, the delivery times indicated above in these general conditions will no longer apply.
5.4. Retention of Title - Transfer of Risk
Ownership of the delivered Products is reserved to the Publisher until delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to exclude this clause.
The Customer bears the risks related to the Products from the order. For the duration of the retention of title, the Customer must insure the Products belonging to the Publisher at its expense against any damage that may occur and justify it to the Publisher at first request.
ARTICLE 6. FINAL PROVISIONS
6.1. Applicable law
This shipping policy is subject to the application of French law.
6.2. Changes to this Shipping Policy
This shipping policy may be modified at any time by the Publisher. The shipping policy applicable to the Customer is the one 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 shipping policy.
6.3. 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/
6.4. 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.
6.5. 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.
6.6. 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/.
6.7. Languages of this Shipping Policy
This shipping policy is available in French.
6.8. Unfair Terms
The provisions of this shipping policy apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.