Terms of sale
These General Sales Conditions (hereinafter the "General Sales Conditions" or "GSC") exclusively govern the sale of Products marketed on the http://www.clublegacyz website.com (hereinafter "the Product" or "the Products") and the relationship between CLUBLEGACYZ SAS, a company registered in the Paris Trade and Companies Register under number 904 344 165, with share capital of €1,000, whose registered office is located at 12 villa d'Eylau, 75016 Paris, represented by Mr. Balthazar Théobald Brosseau acting and having the necessary powers as President (hereinafter "Clublegacyz"), and any Customer of the Site.
The Customer is invited to read these General Terms and Conditions of Sale carefully before placing any Order. By placing an Order on the Site, the Customer expresses his unreserved agreement to be bound by these General Terms and Conditions of Sale.
ARTICLE 1 - DEFINITIONS
Words whose first letter is capitalized have the meaning attributed to them in this article, whether singular or plural:
GSC or General Conditions: refers to the present General Conditions of Sale in their version in force on the CLUBLEGACYZ website;
Customer Account: refers to the personal user account assigned to the Customer on http://www.clublegacyz.com.
Contract: refers to the contract formed between the Customer and CLUBLEGCYZ, which puts the Web Site online and whose purpose is the sale of Products and which consists of the General Terms and Conditions and the Sales Order.
Order: refers to any order placed by the Customer, materialized by the confirmation sent by e-mail to the Customer at the end of the order process.
Customer: refers to any natural person over the age of 18, acting as a private individual, with full legal capacity and acting within the framework of an Order placed for his or her own needs, for the needs of a minor, or as a legal guardian.
Personal Data or Data: refers to any data that directly or indirectly identifies a natural person, such as surname, first name, e-mail address, postal address or telephone number.
Data Protection Officer or DPO: refers to the person in charge of advising and monitoring the Data Controller with regard to the protection of Personal Data within or on behalf of CLUBLEGACYZ, who can be contacted at: support@clublegacyz.com .
CLUBLEGACYZ: CLUBLEGACYZ SAS, a company registered with the Paris Trade and Companies Registry under number 904 344 165, with share capital of €1,000, having its registered office at 12 villa d'Eylau, 75016 Paris, represented by Mr. Balthazar Théobald Brosseau acting and having the necessary powers as Chairman.
Product: refers to any product offered for sale on http://www.clublegacyz.com.
Website: refers to the site accessible at the URL address http://www.clublegacyz.com and published by CLUBLEGACYZ.
ARTICLE 2 - PURPOSE
CLUBLEGACYZ offers Products for sale to Customers, records Sales Orders and fulfils them in accordance with the Contract. By placing an Order on the Web Site, the Customer fully and unreservedly accepts the General Terms and Conditions of Sale. The Contract governs all relations between the Customer and CLUBLEGACYZ. The Contract takes precedence over all other commercial documents such as brochures, catalogs, etc.
Browsing the Website and entering into a contract governed by the present General conditions with CLUBLEGACYZ implies full acceptance by the Customer of the entire General conditions the Customer acknowledging that he/she is fully aware of them.
The GTC, like the Contract, may not be modified without the prior express written consent of CLUBLEGACYZ.
The Website does not allow the purchase of Products for resale.
ARTICLE 3 - CUSTOMER
3.1. The use of the Web Site is reserved solely for Customers who are of legal age and have legal capacity, or in the absence of such capacity, the authorization of a legally authorized guardian or curator, or of their legal representative if they are minors. Under no circumstances is registration authorized on behalf of a third party unless the third party is duly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
When registering the Customer's Personal Data when placing an Order or in the "my account" section, the Customer must ensure that the mandatory data provided is accurate. CLUBLEGACYZ cannot be held responsible for the impossibility of delivering the Product in the event of an error in the recipient's contact details. CLUBLEGACYZ reserves the right to cancel any Sales Order in the event that the Customer's IP address is located in a country other than that of the invoicing and/or delivery address.
3.2. In the absence of express written acceptance by the Customer, any condition to the contrary shall be unenforceable against the Vendor, regardless of the time at which it may have been brought to the Vendor's attention. The fact that CLUBLEGACYZ does not take advantage, at a given moment, of any of the present GTC shall not be interpreted as a renunciation to take advantage of any of the said conditions at a later date.
ARTICLE 4 - PRODUCTS AND PRICES
4.1. Only the Products listed on the Web Site on the day and at the time of the Order by the Customer are offered for sale, subject to availability.
The Product offered for sale is the item precisely set out in the Product description, excluding any decoration visible on the sales page and used as a presentation suggestion. CLUBLEGACYZ makes every effort to present the characteristics of the Products. The essential characteristics and description of each Product can be consulted on the Product sheet, at the bottom of the screen, in the corresponding tabs. The Products comply with current French law.
4.2. The prices of the Products are indicated in euros, all taxes included, excluding shipping and handling costs. These prices are given in Euros (€).
In the event of an Order to a country other than metropolitan France, the Customer is considered to be 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 invoiced exclusive of tax.
Customs duties or other local taxes or import duties or state taxes may be payable. CLUBLEGACYZ is not responsible for informing the Customer of any such duties or taxes or for their payment, and the Customer takes full responsibility for informing himself/herself of any such duties or taxes and for taking any measures to comply with local law. Consequently, the Customer shall be solely responsible for the payment of any taxes or customs duties relating to the Order.
All Orders, whatever their origin, are payable in Euros.
CLUBLEGACYZ reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time the Orders are registered, subject to availability.
ARTICLE 5 - ORDERS
5.1. Orders may be placed by creating and logging into a Customer Account, using the form available when the Customer places his first Order .
When placing an Order, CLUBLEGACYZ requires the Client to provide all the information necessary to process the Order, such as name, address and e-mail address.
CLUBLEGACYZ shall be unable to process any Sales Order placed by the Client, or to respond to any other request made by the Client, if the latter refuses to communicate such information, as this information is strictly necessary in order to manage the relationship between CLUBLEGACYZ and the Client, and notably in order to process and fulfil Sales Orders.
The Data collected for the purpose of placing the Order are processed in accordance with the regulations in force relating to the protection of Personal Data and with Article 11 of this Contract ("Data Confidentiality").
5.2. Customer account :
The Customer must provide the following mandatory information in order to create a Customer Account:
Civility;
First name ;
Last name ;
Mailing and billing address;
E-mail address ;
Phone number.
Password
The Customer shall define a sufficiently secure personal password, which he shall ensure is kept confidential. It is the Customer's responsibility not to communicate his/her login and password to any third party.
Once a Customer Account has been created, the Customer benefits from a secure connection when visiting the Website. The Customer Account remains active for a period of 7 years after the last Order. It can then be deactivated, and the Customer will have to create a new Customer Account before being able to proceed with new Orders, or to proceed by Instant Order.
5.4. Order validation
The Customer will have the option, without obligation, to "Subscribe to the newsletter" or "Receive special offers from our partners" by ticking the corresponding box at the bottom of the form.
The Customer may then choose the method of payment. Once these details have been specified, and only if the Customer accepts the General Terms and Conditions, the Order can be placed. The Customer then clicks on "Order" at the bottom right-hand corner of the page.
The Customer will have the opportunity, before definitively confirming his/her Order, to check the details of the Order and its total price, and to correct any errors, before confirming the Order to express his/her acceptance. Any Order confirmed by the Customer constitutes a sales contract and acceptance of all the stipulations herein.
The Customer's commitment is materialized by a click validating the Order, and in particular the quantity and description of the Products selected. The Order can only be validated once the Customer has accepted the General Terms and Conditions. Payment formalizes the Sales Contract between the Customer and CLUBLEGACYZ.
CLUBLEGACYZ will send the Customer a confirmation e-mail as soon as possible, and within 48 hours at the latest, indicating the date and number of the Order, as well as details of the Products ordered on the Web Site.
5.5. In the event of difficulties ordering on the Website, the Customer may contact CLUBLEGACYZ Customer Service by e-mail: support@clublegacyz.com.
CLUBLEGACYZ archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address support@clublegacyz.com, CLUBLEGACYZ will provide the Customer with a copy of the contract that is the subject of the request.
All communications, order forms and invoices are archived by CLUBLEGACYZ on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by CLUBLEGACYZ on the Internet or by telephone constitute proof of all transactions between CLUBLEGACYZ and its Customers.
5.6 CLUBLEGACYZ reserves the right to refuse any Order of an abnormal nature or any Order from a Customer with whom there is a dispute concerning the payment of a previous Order.
In the event of a breach by the Customer of any of the provisions of these GTC, CLUBLEGACYZ reserves the right to terminate the Customer's account without notice.
ARTICLE 6 - PAYMENT
6.1. The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product(s) ordered.
Payment for the Customer's purchases is made via the secure payment service provided by bank cards from the Visa, Eurocard/Mastercard network, which the Customer certifies to be the cardholder, and whose surname(s) and first name(s) appear on the card must be his/her own.
At the time of payment, the Customer enters the sixteen digits and the expiry date shown on the front of the bank card and, where applicable, the visual cryptogram number shown on the back.
Credit card payments are made via the STRIPE online payment platform (https://stripe.com/fr). Validation of the Order implies full and unreserved acceptance of the corresponding terms and conditions.
These payment methods are secured by their publishers and managers, who are recognized services.
For customers wishing to pay by Paypal, the contact information for the CLUBLEGACYZ seller account is the following e-mail address: support@clublegacyz.com
6.2. The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card. Failure to debit the amounts due will result in the immediate nullity of the sale.
By providing his/her banking information, the Customer authorizes CLUBLEGACYZ to immediately debit his/her credit card for the amount indicated.
CLUBLEGACYZ uses S.S.L. (Secure Socket Layer) encryption to protect all payment data as effectively as possible, given the current state of encryption technology. The customer's bank details never pass through CLUBLEGACYZ's computer system. CLUBLEGACYZ may nevertheless check the reliability of the information entered when an Order is registered.
While CLUBLEGACYZ makes every effort to ensure that the transaction is as secure as possible, it cannot guarantee total security, particularly in view of advances in technology.
In order to fight against fraud and to protect its customers, CLUBLEGACYZ has set up a payment with 3D SECURE under certain conditions.
6.3. If a Product is out of stock, the amount corresponding to will be automatically deducted from the Customer's bank account.
CLUBLEGACYZ may cancel, ipso jure and without notice, the Order in the event of non-payment, fraudulent payment, fraud or attempted fraud.
6.4. Invoices are dated from the date of the Customer's Product Order. The Company issues an electronic invoice to the Customer, which can be downloaded and printed.
ARTICLE 7 - DELIVERY
7.1. Delivery means the transfer to the Customer of physical possession or control of the Product.
Orders placed in mainland France are dispatched within 10 working days of purchase , except for pre-orders precisely identified on the site, which may be dispatched in advance in order to be received by the marketing date of the product, subject to product availability.
Orders are sent by the following means:
Colissimo suivi sans signature: Tracked shipment within 2-3 working days of order processing (without signature).
Point relay: Delivery to a customer-selected point relay within 4-5 days of order processing.
DHL express: Shipment for all orders outside the EU (delivery times depend on destination country).
Shipping costs are those specified when finalizing the order and are accepted by the order validation.
CLUBLEGACYZ undertakes, in accordance with the delivery deadline indicated on the Website for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the Order.
Special Orders, if accepted by CLUBLEGACYZ, are subject to an appointment with a carrier. Penalties for delay are excluded in this case.
CLUBLEGACYZ undertakes to use its best efforts to ensure prompt delivery of the Products, but shall not be held liable for any delay resulting from the fault of the carrier responsible for delivering the Order.
7.2. However, delivery times are subject to change in the event of unforeseen events. In the event of an unusual delay, an information e-mail will be sent to the Customer.
Should the delivery time exceed thirty (30) days, the Customer may cancel the Order by registered letter with acknowledgement of receipt or by e-mail to support@clublegacyz.com.
In this case, CLUBLEGACYZ will confirm the cancellation and refund the price paid for the Order within 14 (fourteen) days.
7.3. Before opening the packaging of the Product delivered, the Customer must ensure that the Products received correspond to his Order and that they are delivered in good condition. CLUBLEGACYZ must be notified of any reservations upon delivery of a Product.
In the event of damaged packages (already opened, missing Product(s) ), etc.), the Customer undertakes to notify the carrier and CLUBLEGACYZ, by any means, of any reservations within 3 days of receipt of the Product. CLUBLEGACYZ will not be held responsible for any damages related to the delivery of the parcel.
7.4. Transfer of risks: Delivery means the transfer to the Customer of physical possession or control of the Product.
The risk of loss or damage to the Product is transferred to the Customer at the time when the Customer, or a third party designated by the Customer, takes physical possession of the Product, regardless of the method of shipment, and even if the price of the Product has been determined to be carriage paid.
ARTICLE 8 - RETURNS AND EXCHANGES
8.1. Right of withdrawal
8.1.1 In accordance with the provisions of articles L.221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of 14 (fourteen) days.
This right runs from receipt of the Order by the Customer. If the Order is made up of several products and these are delivered in several instalments, the right of withdrawal begins upon receipt of the last product making up the Order.
You will find a model letter allowing you to exercise your right of withdrawal in Appendix I of these GSC.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to CLUBLEGACYZ :
name, address, telephone number and e-mail address ;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail if these details are available and therefore appear on the standard withdrawal form).
The Customer has a period of 14 (fourteen) days from the date of notification to CLUB LEGACYZ of his/her intention to exercise his/her right of withdrawal to return the Products purchased, provided that they have not been unpacked, opened or used in any way whatsoever, given their nature.
Returns must be made in their original condition and complete (packaging, etc.) to enable them to be remarketed in new condition.
8.2. The cost of returning the Product(s) subject to the right of withdrawal shall be borne by the Customer.
If the returned Product is not in its original condition and in undamaged and unopened original packaging, CLUBLEGACYZ reserves the right to apply a discount to the refund according to the following rules: if the original packaging is damaged, the Product will only be refunded at 50% of its value, 30% if the Product is slightly damaged, 0% if the Product cannot be remarketed. .
Products that are incomplete, damaged, deteriorated, soiled or unfit for sale will not be reimbursed.
8.3. Returns Products must be returned complete, in their original packaging, by registered post with acknowledgement of receipt to the following address:
Club Legacyz
136 rue d'aboukir
75002 Paris
CLUBLEGACYZ will reimburse the returned Products at the invoiced price, as soon as possible and at the latest within 14 (fourteen) days following the date on which the Customer has exercised his/her right of withdrawal - from receipt of the returned Products.
Whenever possible, returns should be made in a single package .
ARTICLE 9 - LIABILITY AND FORCE MAJEURE
9.1. Liability: The Products offered comply with current French legislation. It is your responsibility to check with local authorities regarding the possibility of importing or using the products or services you intend to order. The photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, CLUBLEGACYZ may not be held liable in the event of an error in one of these photographs or texts.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. CLUBLEGACYZ therefore does not guarantee that the Website and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
CLUBLEGACYZ shall not be held liable for non-performance of the contract entered into in the event of stock shortage or unavailability of the Product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flood, fire.
CLUBLEGACYZ shall not be held liable for any indirect damage resulting from non-compliance with the present Terms and Conditions, operating loss, loss of profit, loss of opportunity, damages or expenses. CLUBLEGACYZ may not be held liable for any use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party.
In particular, CLUBLEGACYZ may not be held liable for any false statements made by a Customer or for the Customer's conduct towards third parties. In the event that CLUBLEGACYZ is held liable for such conduct on the part of one of its Customers, the Customer undertakes to hold CLUBLEGACYZ harmless against any judgement against it and to reimburse CLUBLEGACYZ for all costs, in particular legal fees, incurred in its defence.
Hypertext links may lead to other sites. CLUBLEGACYZ is in no way responsible for the content of third-party sites that contravene current laws and regulations.
9.2 Legal warranty: Independently of any additional contractual warranty (commercial warranty) that may be granted, Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When you act under the legal warranty of conformity :
you have a period of two (2) years from the delivery of the goods to take action:
you can choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;
you do not have to prove the existence of a lack of conformity during the twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
9.3. Force Majeure: CLUBLEGACYZ cannot and will not be held liable for the non-performance of any of its obligations in the event of a force majeure event, as defined by law and jurisprudence.
In the event of a force majeure event, this Agreement shall be automatically suspended and extended for the duration of the event making it impossible for CLUBLEGACYZ to perform any of its obligations.
ARTICLE 10 - INTELLECTUAL PROPERTY
10.1 CLUBLEGACYZ grants the Customer a simple temporary licence to use the Web Site strictly limited to the acts necessary to consult the Web Site for the purposes of providing information or placing an Order, to the exclusion of any other use.
All texts, comments, works, illustrations and images reproduced on the Website are reserved under copyright and intellectual property law worldwide. As such, and in accordance with the provisions of the French Intellectual Property Code, they may only be used for private purposes, subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code without the prior authorization of CLUBLEGACYZ. Total or partial reproduction of the CLUBLEGACYZ catalog is strictly forbidden.
10.2 CLUBLEGACYZ may market Products involving intellectual property rights, in particular copyright and/or trademark rights. Where applicable, CLUB LEGACYZ guarantees to its Customers that it has obtained the authorization of the rightful owner(s) concerned.
The Customer expressly acknowledges that the purchase of one of the above-mentioned products does not entail any transfer to him of the operating rights or ownership of the intellectual property rights concerned, which remain the exclusive property of their rightful owners.
ARTICLE 11 - PERSONAL DATA
11.1. Processing of Personal Data :
In order to place Orders on our Website, you must create a Customer Account. To do so, you must provide us with personal information.
When creating the Customer Account, as well as when browsing this Website, CLUBLEGACYZ collects and processes certain Personal Data in strict compliance with the requirements of the CNIL, Law n°78-17 of January 6, 1978 relating to information technology, files and freedoms and the General Data Protection Regulation (RGPD EU 2016/679), adapted into French law by Law n° 2018-493 of June 20, 2018.
We invite you to read the information on the processing of Personal Data contained in our Privacy Policy.
11.2 Cookies :
Data is also recorded via cookies in order to optimize navigation on the Website and measure the audience. We invite you to consult the information and settings concerning cookies on our page dedicated to cookies.
ARTICLE 12 - AMENDMENTS TO THE TERMS AND CONDITIONS
The GSC are subject to change. Should CLUBLEGACYZ modify the GSC, the contractual relationship between CLUBLEGACYZ and the Customer will be governed exclusively by the GSC transmitted or communicated to the Customer or accepted by the Customer on the date of the Order.
Likewise, CLUBLEGACYZ undertakes to inform Customers of any changes to the GSC, by e-mail or when they revisit the Website.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1. These General Terms and Conditions constitute a contract governing relations between the Customer and CLUBLEGACYZ. They constitute the entirety of CLUBLEGACYZ's rights and obligations relating to their subject matter. Should one or more stipulations of these General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
13.2 Prior complaint
In the event of a dispute, the Customer must first contact CLUBLEGACYZ's customer service department by the means detailed below in the CUSTOMER SERVICE section.
13.3. Customer mediation request
In the event of failure to lodge a complaint with the Customer Service department or in the absence of a response from this department within two (2) months, the Customer may submit the dispute relating to these GTCs between him/her and CLUBLEGACYZ to a mediator who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
To submit a request for mediation, the Customer may use a complaint form available on the website of the mediator appointed by CLUBLEGACYZ, i.e. CNPM MÉDIATION CONSOMMATION :
CNPM MÉDIATION CONSOMMATION SAS
27, avenue de la Libération
42400 Saint-Chamond
Telephone: +33 (0)9 88 30 27 72
contact-admin@cnpm-mediation-consommation.eu
https://www.cnpm-mediation-consommation.eu/
The Parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 14 - CUSTOMER SERVICE
For further information or questions, please contact our Customer Service:
CLUBLEGACYZ
136 rue d'aboukir
75002 Paris
Email : support@clublegacyz.com
This site is published by CLUBLEGACYZ SAS, a company registered with the Paris Trade and Companies Registry under number 904 344 165, with share capital of €1,000, whose registered office is located at 12 villa d'Eylau, 75016 Paris.
Editorial manager: Mr Balthazar Théobald Brosseau
The site is hosted by Shopify Inc. whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.
Telephone number: 1-888-746-7439