Terms of sale
"Client(s)" refers to the internet user(s) browsing the Website and purchasing Product(s) online for personal use.
"General Terms and Conditions of Sale" or "GTCS" refers to these general terms and conditions for the sale of Products on the Website.
"GOMS" refers to the company GANG OF MONSTERS, a simplified joint-stock company with a share capital of €5,000, whose registered office is located at 29 avenue Anatole France, 92700 Colombes, registered with the Nanterre Trade and Companies Register under number 944 058 650, owner of the trademarks "Gang of Monsters" and "Goms Gang of Monsters", and marketing GANG OF MONSTERS or GOMS products sold on the Website.
"Products" refers to the products offered for sale on the Website under the conditions set out in Article 3 below.
"Website" refers to the e-commerce website accessible via the Internet at https://gangofmonsters.com, offering for sale the products under the GANG OF MONSTERS or GOMS brand.
2. Purpose – Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale are intended to define the terms and conditions for the online sale of Products on the Website to Clients, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Website. They set out all the necessary steps to place an order and ensure the follow-up of this order between the Parties.
By placing an order for a Product on the Website, the Client acknowledges having read and accepted the General Terms and Conditions of Sale without reservation. This acceptance does not require a handwritten signature from the Client.
GOMS reserves the right to update the General Terms and Conditions of Sale at any time. These General Terms and Conditions apply to all online sales made through the Website, excluding any other documents, and in particular those applicable to in-store sales or via other distribution or marketing channels.
3. Products
3.1. Product Description
The Products offered for sale are those listed on the Website on the day it is accessed by the Client, and subject to availability.
The greatest care is taken in the presentation of the Products on the Website in order to meet the requirements of Article L111-1 of the French Consumer Code. However, due to the digital presentation of Products on the Internet, including technical limitations in color rendering by computer equipment, the Client's perception of photographic representations of the Products—especially regarding color shades—may not be entirely accurate.
3.2. Product Availability
Products are offered subject to availability, and any indication of stock levels shown on the Website is provided for information purposes only and depends on technical update capabilities. In the event of a Product being unavailable, the Client will be informed by email as soon as possible of the cancellation or partial delivery of their order. As a result, any order of an unavailable Product that has already been paid will not give rise to any compensation or indemnity other than a refund of the said Product and any applicable shipping costs.
4. Price
The price of the Products is fixed. The applicable rate is the one indicated on the respective pages of the Products on the Website, except in the case of an obvious typographical error. These prices include VAT applicable on the date of the order.
Additional packaging and shipping fees may be charged and, if applicable, will be specified to the Client during the order process. These fees are fixed and flat-rate.
GOMS reserves the right, as accepted by the Client, to modify its prices at any time, with no other formality than updating the Website. However, these changes will not affect orders accepted by the Website prior to the date the changes take effect, subject to the availability of the Products ordered.
5. Order Process
5.1. Browsing the Website
The Client may freely browse the various pages of the Website to view the different Products offered for sale, without being bound to place an order.
5.2. Placing an Order
Products are intended for the Client’s personal use, with no direct relation to their professional activity. The Client is specifically reminded that they may not order more than three (3) units of the same product reference. Orders exceeding this limit will be considered void.
5.3. Final Order Confirmation
The Client must tick the box next to the statement “By checking this box, I acknowledge having read and accepted the General Terms and Conditions of Sale” in order to finalize their order and proceed to payment selection.
5.4. Order Confirmation
The sale is only considered final once GOMS sends the Client an email confirming acceptance of the order by the Website. This order confirmation email summarizes the reference number of the order, the Products ordered and their prices, the delivery methods and timeframes, and the contact details or link to customer service for any questions regarding the order.
6. Payment
Unless the server is unavailable, the Client may pay for the order after final validation on the Website 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 cases where the limits set out in Article 5.2 are exceeded, if there is an existing dispute with the Client, if a previous order was partially or fully unpaid, or if payment authorization by credit card is denied by banking institutions.
The Client guarantees that they are authorized to use the chosen method of payment at the time of confirming the order. In the event of a bank refusal, the order will be automatically cancelled and the Client will be notified by email. The Client is encouraged to print the order summary. Order-related data will be recorded and stored in the information systems of GOMS and its partner bank. These records will be considered as proof of all transactions between the Parties on the Website.
The Website uses a secure payment system. GOMS ensures that the encryption and security technologies used to protect transactions are authorized or declared in accordance with applicable laws.
7. Shipping
For any order confirmed before 10:00 a.m., Monday to Friday (excluding public holidays), the ordered Products will be shipped within 24 to 48 business hours via Mondial Relay or Colissimo. The carrier is solely responsible for any delay in delivery, and such a delay shall not give rise to any compensation to the Client. Shipping fees may be waived for purchases exceeding a certain order amount. In all cases, delivery charges are clearly stated to the Client during the order process.
For pre-ordered products, the shipping time is generally longer. This extended timeframe will be indicated on the Product description page on the Website.
The Client must pay close attention to the information provided in the order form, particularly the shipping address. If the Client makes an error in the delivery address, the package will be returned by the carrier with the notation “NPAI” (does not live at the indicated address). In such cases, shipping costs will remain the responsibility of the Client.
The Client must ensure the order is complete and check the condition of the products upon delivery. Any delivery-related issues (damaged package, missing items, delivery delay, etc.) must be noted on the delivery receipt presented by the carrier. The Client must also report these issues via email to hello@gangofmonsters.com to help improve service quality and initiate an investigation with the carrier.
If the Client reports a missing item on the delivery receipt, an investigation with the carrier may take up to 21 business days. If the item is located during this period, it will be immediately re-shipped to the designated delivery address. If the item is not found at the end of the investigation, GOMS will either refund the missing item or, if possible, re-ship it at its own expense.
8. Right of Withdrawal
In accordance with Article L221-18 of the French Consumer Code, the Client has a 14-day period to return the ordered Product(s). This period begins the day after the order is delivered, or, where applicable, the next working day.
Each returned Product must be sent back in its original packaging and condition. The Client may exercise their right of withdrawal through any written method of their choice or by following the procedure described on the Returns/Exchanges page. If the above conditions are met, GOMS will refund the Client the amount paid for the returned Products, under the terms stated on the Returns/Exchanges page, within 14 days from the date the right of withdrawal was exercised, in accordance with Article L221-24 of the French Consumer Code. The refund will be made using the same payment method used during the purchase.
9. Product Warranty
The Client benefits from the legal warranty of conformity in accordance with Articles L217-3 and following of the French Consumer Code, as well as the legal warranty against hidden defects as per Articles 1641 to 1649 of the French Civil Code.
10. Retention of Title
Ownership of the Products is transferred to the Client only after full payment of the purchase price. However, the risks related to the delivered Products (including loss, theft, or damage) are assumed by the Client from the actual delivery date.
11. Force Majeure
GOMS shall not be held liable for the total or partial non-performance of its obligations if such failure results from a force majeure event that is unforeseeable, irresistible, and external to GOMS, as recognized by French court jurisprudence, and which renders the performance of the contract impossible. In such a case, GOMS will inform the Client and offer one or more alternative solutions. The occurrence of such an event constitutes grounds for suspension or termination of GOMS’s obligations to the Client, without compensation to the Client.
12. Intellectual Property
The intellectual property rights attached to the Products sold on the Site remain the exclusive property of GANG OF MONSTERS. All exploitation rights are exclusively reserved. As such, no one is authorized to reproduce, exploit, distribute, or use in any way, even partially, the intellectual property rights without 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 case of questions or complaints, the Client may first contact GOMS’s customer service through the following means:
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Email: hello@gangofmonsters.com
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Postal Address: GANG OF MONSTERS – Customer Service – 29 avenue Anatole France, 92700 Colombes, France.
Mediation
In accordance with Articles L612-1 et seq. and R612-1 et seq. of the French Consumer Code, if the Client's complaint is not resolved through customer service or if no satisfactory response is received, the Client may submit the dispute, free of charge, by electronic or postal means, to a mediator who will attempt, independently and impartially, to reach an amicable solution.
The company’s designated mediator is:
FEVAD Consumer Mediation Service, BP 20015 – 75362 PARIS CEDEX 8
Website: www.mediateurfevad.fr
If no agreement is reached, the dispute may be brought before the competent courts.
14. Personal Data
The personal data and information concerning the Client are necessary for order management and customer relationship purposes. They may be shared with companies involved in fulfilling orders and services, including for processing, execution, and payment. These data are also retained for security reasons, to comply with legal and regulatory obligations, and to allow GOMS to improve and personalize its services and communications with the Client.
In accordance with the French Data Protection Act of January 6, 1978, the Client has the right to access, rectify, and object to personal data concerning them. To exercise this right, the Client may send an email to hello@gangofmonsters.com.
The Client may receive promotional emails about GOMS products and activities. The Client may opt out either when creating their account, at any time from their account settings, by clicking the unsubscribe link in any promotional email, or by contacting hello@gangofmonsters.com.
The Client may request to close their personal account by email or postal mail to hello@gangofmonsters.com. Furthermore, GOMS reserves the right to terminate the Client’s account at any time and without notice, without legal formality or compensation, by email or postal mail, if the Client uses the e-commerce service or the Site in a manner contrary to public order or morality, infringes GOMS’s intellectual property rights, or misuses or fraudulently uses their login credentials. GOMS shall not be held liable to the Client or third parties for such account termination under these conditions.
15. Miscellaneous Provisions
GANG OF MONSTERS archives orders and payment receipts on a reliable and durable medium, constituting a faithful copy in accordance with applicable legislation. The Client agrees that all correspondence, communications, or data transmissions between them and GANG OF MONSTERS conducted electronically shall be deemed to have the same evidential value as written documents on paper.
If any provision of these Terms and Conditions is deemed null under applicable law or by final court ruling, it shall be considered unwritten without affecting the validity of the remaining provisions or the contract as a whole.
16. Governing Law – Jurisdiction
These General Terms and Conditions of Sale and the contractual relationship between the parties are governed by French law. Any dispute arising from the application or interpretation of the Terms and Conditions shall fall under the exclusive jurisdiction of the French courts.