General conditions of sale
1. Definitions
“Customer(s)” means the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal purposes;
“General Conditions of Sale” or “GCS” means these general conditions of sale of Products on the Site;
“GOMS” means the company GANG OF MONSTERS, a simplified joint-stock company with a capital of 5,000 euros, whose registered office is located at 29 avenue Anatole France – 92700 Colombes, registered in the Nanterre trade and companies register under number 944 058 650, owner of the brands “Gang of Monsters” and “Goms Gang of Monsters” and marketing GANG OF MONSTERS or GOMS products sold on the Site;
“Products” means the products offered for sale on the Site under the conditions of Article 3 below;
“Site” means the e-commerce website accessible via the Internet at the address https://gangofmonsters.com , offering for sale Products of the GANG OF MONSTERS or GOMS brand.
2. Purpose – Scope of the general conditions of sale
The purpose of these general terms and conditions of sale is to define the terms and conditions of online sale of Products on the Site to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. They determine all the steps necessary for placing the order and ensure the monitoring of this order between the Parties.
By ordering a Product on the Site, the Customer acknowledges having read the General Conditions of Sale and having accepted them without restriction, this acceptance not being in any way conditional upon a handwritten signature on the part of the Customer.
GOMS reserves the right to update the General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale apply to all online sales made on the Site to the exclusion of any other document, and in particular the conditions applicable to sales in stores or through other distribution and marketing channels.
3. Products
3.1. Description of the Products
The Products offered for sale are those which appear on the Site, on the day the Customer consults the Site, and within the limits of available stocks.
The greatest care is taken in the presentation of the Products on the Site in order to meet the requirements of Article L111-1 of the Consumer Code. However, given the method of digital presentation of the Products on the Internet, in particular due to the technical limitations of the color rendering of computer equipment, it is possible that the Customer's perception of the photographic representation of the Products, and in particular the color of different shades, may not correspond exactly.
3.2. Availability of Products
The Products are offered within the limits of available stocks and any mention of the stock of the Products appearing on the site is given for information purposes only, as far as technically possible updates are possible. In the event of unavailability of one of the Products, the Customer will be informed as soon as possible by email of the possible cancellation of his order or of the partial delivery thereof. Consequently, any order for an unavailable Product that has been effectively paid for will not give rise to any compensation or any compensation other than the reimbursement of said Product and any related delivery costs.
4. Price
The price of the Products is fixed. The current price is that indicated on the pages corresponding to the different Products on the Site, except for obvious typographical errors. These prices include the VAT applicable on the day of the order.
Any packaging and delivery costs may be charged in addition and, in this case, they will be specified to the Customer during the order process. Their amount is then fixed and flat rate.
GOMS reserves the right, which the Customer accepts, to modify its prices at any time, without any formality other than posting the changes on the Site. These changes will not, however, affect orders accepted by the Site before the changes come into effect, subject to the availability of the Products ordered.
5. Ordering terms
5.1. Navigation within the Site - The Customer may freely navigate the different pages of the Site in order to learn about the different Products offered for sale without being committed to an order.
5.2. Order registration – It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity. As such, the Customer's attention is particularly drawn to the fact that he/she may not order more than three (3) Products of the same reference. In the event of an order exceeding the aforementioned number, the order will be considered null and void.
5.3. Final validation of the order - The Customer must check the box opposite the message "By checking the following box, I acknowledge having read and accepted the general conditions of sale" to definitively validate his order before being able to choose the payment method offered.
5.4. Confirmation of an order - The sale will only be considered final after GOMS has sent the Customer confirmation of acceptance of the order by the Site by email. This order confirmation email summarizes the order reference number, the products ordered by the Customer and their prices, the terms and delivery times of the Products and the address or link to the customer service to which the Customer can send any questions regarding their order.
6. Payment
Unless the server is unavailable, the Customer may pay for their order after final validation on the Site, by credit card (Carte Bleue, Visa and Mastercard only). Payments by check are not accepted.
GOMS reserves the right to refuse any order or delivery in the event of exceeding the limits indicated in article 5.2 hereof, of an existing dispute with the Customer, of total or partial non-payment of a previous order by the Customer, of refusal of authorization of payment by bank card by banking organizations.
The Customer guarantees that he/she has the necessary authorizations to use the payment method chosen at the time of order validation. In the event of refusal by the bank, the order will be automatically canceled and the Customer will be notified by email. The Customer is invited to print the order summary. Order data will be recorded and stored in the computer systems of GOMS and its partner bank. The information records of these companies will be considered as constituting proof of all transactions between the Parties on the Site.
The Site is subject to a security system. GOMS guarantees that the cryptology methods and services used to secure transactions have been authorized or declared in accordance with current legislation.
7. Shipments
For any order confirmed before 10:00 a.m., from Monday to Friday (excluding public holidays), the Products ordered will be shipped within 24/48 hours (working days) by Mondial Relay or Colissimo. The carrier is solely responsible for any delay in delivery and, in such a case, this will not give rise to any compensation for the benefit of the Customer. Delivery costs may be offered for the purchase of Products from a certain order amount. In all cases, the delivery costs are clearly indicated to the Customer during the order process.
For pre-ordered products, the shipping time is generally longer. This time will be indicated in the Product description sheet on the Site.
The Customer is required to pay particular attention to the contact details provided in the order form, particularly the delivery address. If the Customer makes an error in the delivery address, the package will be returned by the carrier with the note NPAI ("does not live at the address provided"). In this case, the delivery costs will remain the responsibility of the Customer.
The Customer must verify that their order is complete and check that the products are in good condition upon delivery. Any anomaly concerning the delivery (damaged packages, missing Products, late delivery, etc.) must be noted on the delivery receipt presented by the carrier. The Customer must also report it by email to hello@gangofmonsters.com in order to improve the quality of service that can be offered to them and to conduct an investigation with the carrier.
In the event that the Customer has reported a missing product in the reservations made on the delivery receipt, an investigation with the carrier may last up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery place designated when ordering. However, if the ordered product is not found at the end of this investigation period, GOMS will refund the missing product or, if possible, will proceed at its own expense to a new shipment of the missing product initially ordered by the Customer.
8. Right of withdrawal
In accordance with the provisions of Article L221-18 of the Consumer Code, the Customer has 14 days to return the Product(s) ordered. This period starts from the day after the day of delivery of the order, or, where applicable, the first following working day.
Each returned Product must be in its original packaging and condition. The Customer may exercise their right of withdrawal by any written means of their choice or by following the procedure described on the Returns/Exchanges page. If the above conditions are met, GOMS will reimburse the Customer for the amount paid when ordering the returned Products, under the conditions provided on the Returns/Exchanges page, within 14 days following the date on which the right of withdrawal was exercised, in accordance with Article L221-24 of the Consumer Code. This reimbursement will be made via the payment method used at the time of purchase.
9. Product Warranty
The Customer benefits from the guarantee of conformity under articles L217-3 et seq. of the Consumer Code as well as the legal guarantee of hidden defects on the products, under the conditions of articles 1641 to 1649 of the Civil Code.
10. Retention of title
Ownership of the Products is only transferred to the Customer after full payment of the price by the latter. The risks concerning the Products delivered (in particular loss, theft or deterioration) are nevertheless assumed by the Customer from the effective date of delivery.
11. Force majeure
GOMS shall not be held liable for the total or partial non-performance of its obligations, if it is due to the occurrence of a force majeure event, having an unforeseeable, irrepressible and external character for GOMS, as recognized by the case law of the French courts, making the execution of the contract impossible. In this case, GOMS will inform the Client and propose one or more alternative solutions. The occurrence of such an event constitutes a cause for suspension or extinction of GOMS's obligations towards the Client, without compensation for the benefit of the Client.
12. Intellectual Property
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of GANG OF MONSTERS. All exploitation rights are exclusively reserved for it. Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights, without its prior written consent. The GANG OF MONSTERS trademarks and logos are registered trademarks. Any reproduction therefore constitutes an infringement.
13. Customer Service – Mediation
Customer service
In the event of a question or complaint, the Customer may first contact GOMS customer service using the various contact methods indicated below:
Email: hello@gangofmonsters.com
Postal address: GANG OF MONSTERS – Customer Service – 29 avenue Anatole France, 92700 Colombes.
Mediation
In accordance with Articles L612-1 et seq. and R612-1 et seq. of the Consumer Code, in the event of failure of the complaint request to customer service under the conditions referred to above or in the absence of a satisfactory response, the Customer may submit free of charge, electronically or by post, his dispute with the company to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The company mediator is the Consumer Mediator FEVAD, BP 20015 – 75362 PARIS CEDEX 8.
In the absence of an agreement between the parties, the dispute may be brought before the competent courts.
14. Personal data
Personal information and data concerning the Customer are necessary for the management of their order and our business relations. They may be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations and to allow us to improve and personalize the services we offer and the information we send to the Customer.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose any personal data concerning him/her. To exercise this right, the Customer must send an email to hello@gangofmonsters.com . The Customer may receive informational emails from the Site about GOMS Products and activities. The Customer retains the right to refuse such communication either a priori by not giving his/her consent when creating his/her customer account, or at any time in the management pages of this account, or by clicking on the unsubscribe link in an informational email, or by sending an email to hello@gangofmonsters.com . The Customer may terminate his/her personal account by making a request by post or by email to hello@gangofmonsters.com . In addition, GOMS reserves the right to terminate the Client's personal account automatically, without notice, without legal formalities and without compensation, by email or by simple postal mail in the event of use of the e-commerce service or the Site contrary to public order or morality, infringement of GOMS's intellectual property rights, or misappropriation or unauthorized or fraudulent use of the username and password. GOMS may not under any circumstances be held liable to the Client or to third parties for the termination of an account occurring under the conditions set out in this article.
15. Miscellaneous provisions
GANG OF MONSTERS archives orders and payment receipts on a reliable and durable medium constituting a faithful copy, in accordance with the legislation in force. The Customer accepts that all correspondence, communications or transmissions of information between GANG OF MONSTERS and itself by electronic means are presumed to have the same probative force as a written document on paper.
If one of the provisions of the General Terms and Conditions should prove to be null and void in light of a rule of law in force or a final court decision, it would then be deemed unwritten, without thereby rendering the contract null and void or altering the validity of its other provisions.
16. Applicable Law – Jurisdiction
These General Terms and Conditions and the contractual relations between the parties are governed by French law. Any dispute arising from the application or interpretation of the General Terms and Conditions shall be subject to the exclusive jurisdiction of the French courts.