Terms of sale
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by USELESS PRIDE DISTRIBUTION, a simplified joint-stock company with its head office at 4, rue de Kourou, L'UNION (31240), registered at the Toulouse Trade and Companies Register under number 952 755 791b and reachable at upmerch.store@gmail.com (hereinafter the "Company") with consumers and non-professional buyers (hereinafter the "Customers") (also individually referred to as a "Party" and collectively as the "Parties") wishing to purchase products offered for sale by the Company (hereinafter the "Products") on the website https://www.uselesspride.com (hereinafter the "Website"). They are intended to define, in particular, the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions, which will be stated on the Website before any transaction with the Customer. They apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to any Customer prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document. They are accessible at any time on the Company's Website.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them before placing their order. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the current version on the Website at the date of the order is placed. Modifications to these General Terms and Conditions of Sale are enforceable on Website users from the time they are posted online and cannot apply to transactions concluded previously.
ARTICLE 2 - DEFINITIONS
Unless otherwise defined, the terms below have the following meanings:
- Customer: any natural or legal person who orders, for strictly personal purposes, directly or through an intermediary, a Product offered by the Company.
- Order: expression of will from the Customer, expressing a need, and addressed to the Company.
- General Terms: these General Terms and Conditions of Sale.
- Delivery: transfer of physical possession or control of the ordered Products to the Customer by the Company.
- Products: all products offered for sale by the Company.
- Website: the Company's website accessible at http://www.uselesspride.com/
- Company: USELESS PRIDE DISTRIBUTION, a simplified joint-stock company with a capital of 1,000 euros, having its registered office at L'UNION (31240) 4, rue de Kourou, registered at the Trade and Companies Register of Toulouse under number 952 755 791.
ARTICLE 3 - PRODUCTS OFFERED FOR SALE
The Products offered for sale on the Company's Website are merchandise such as: textile products, CDs, vinyl records, goodies, stickers, mugs, flags, books, pins, patches, etc.
The main characteristics of the Products, including all substantial information required by applicable regulations and particularly the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the Website in the product sheets and in the Company's catalog.
The Customer must review this information before placing any Order. The choice and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractually binding and shall not engage the Company's liability. The Customer must refer to the description of each Product to know its properties, essential characteristics, and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest when the Order is validated by the Customer. For orders to countries other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas territories, the price will be automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These will be the Customer's responsibility and are their sole liability.
Unless proven otherwise, the data recorded in the Company's computer system constitutes proof of all transactions concluded with the Customer. In accordance with the French Data Protection Act of January 6, 1978, enhanced and completed by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right to access, rectify, oppose, delete and transfer all their personal data by writing, by mail and providing proof of identity, to the Company's address mentioned above.
The Customer acknowledges having the required capacity to contract and purchase the Products offered on the Website.
ARTICLE 4 - ORDERS
4.1 - Placing Orders
The Customer must select on the Website the Products they wish to order. The selected Products are grouped in the Customer's cart. To validate their Order and proceed with payment, the Customer must accept these General Terms and Conditions of Sale by checking the corresponding box. This validation implies acceptance of all of these General Terms and Conditions of Sale.
Once these General Terms and Conditions of Sale are accepted, the Customer selects their chosen delivery method and enters their payment information. After entering their information, the Customer has the opportunity to verify the details of their Order, its total price, and to correct any errors before confirming the order. They are responsible for verifying the accuracy of the Order and reporting or correcting any errors immediately. The sale is final only after the Company sends the Customer confirmation of Order acceptance by email, which must be sent without delay and after the Company has received full payment.
Any order placed and validated by the Customer and confirmed by the Company, under the conditions and according to the methods described above, on the Website constitutes the formation of a distance contract between the Customer and the Company.
The Company reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute regarding payment of a previous Order. The Customer can track the progress of their order on the Website.
4.2 - Order Modification
Once confirmed and accepted by the Company, under the conditions described above, the order cannot be modified.
4.3 - Order Cancellation
Orders may be canceled by the Customer, excluding the exercise of the right of withdrawal or cases of force majeure, without charge to the Customer, provided that the cancellation request is made prior to the Customer's receipt of the email informing them that their Order has been shipped. In case of a cancellation request by the Customer, made within the timeframes mentioned above, the amounts paid when placing the Order will be returned to the Customer within a maximum period of fifteen (15) days from the Company's notification of acceptance of their cancellation request, with the Company reserving the right to refuse the cancellation request made by the Customer.
Cancellation requests must be made by the Customer by email to upmerch.store@gmail.com, or by phone at +33 (0)7 50 72 29 40.
ARTICLE 5 - PRICES
Products are supplied at the current prices displayed on the Website at the time the Company registers the Order. Prices are expressed in euros, excluding and including VAT. The prices take into account any reductions that may be granted by the Company on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the Website, with the Company reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport, and Delivery costs, which are charged in addition, under the conditions indicated on the Website and calculated prior to placing the Order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport, and Delivery costs, as calculated prior to Order validation by the Customer, are entirely at their expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Company and given to the Customer upon Delivery of the ordered Products.
ARTICLE 6 - PAYMENT CONDITIONS
The Products offered by the Company are delivered to the Customer in exchange for payment. The price is payable cash, fully, on the day the Order is placed by the Customer on the Company's Website, via secure payment, according to the following methods: by credit card (Visa, MasterCard, American Express), by PayPal, by check. Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and reimbursement of the corresponding amounts. For payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco. The check is cashed upon receipt.
Payment data is exchanged in encrypted mode thanks to a security protocol.
No additional fees, higher than the costs incurred by the Company for the use of a means of payment, may be charged to the Customer.
Payments made by the Customer are only considered final after effective receipt of the amounts due by the Company.
In case of late payment and payment of amounts due by the Customer beyond the above-fixed deadline, and after the payment date shown on the invoice sent to them, late payment penalties calculated at the monthly rate of three times the legal interest rate of the VAT-inclusive price of the Products shown on said invoice, will be automatically and rightfully acquired by the Company, without any formality or prior notice.
Late payment will result in the immediate payment of all sums due to the Company by the Customer, without prejudice to any other action that the Company would be entitled to take against the Customer in this regard.
In case of non-compliance with the payment conditions set out above, the Company also reserves the right to cancel the Delivery of Products ordered by the Customer, to suspend the execution of its obligations and to cancel any discounts granted to the latter.
Finally, a fixed compensation for recovery costs, amounting to forty (40) euros will be due, by right and without prior notification by the Customer in case of late payment. The Company reserves the right to request additional compensation from the Customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
The Company reserves, until full payment of the price by the Customer, a right of ownership over the Products sold, allowing it to take back possession of said Products.
Unless expressly agreed in advance and in writing by the Company, and provided that the reciprocal claims and debts are certain, liquid and payable, no compensation may be validly made by the Customer between any penalties for delay in the Delivery of ordered Products or non-conformity with the Order, on the one hand, and the sums due by the Customer to the Company for the purchase of said Products, on the other hand.
ARTICLE 7 - PRODUCT DELIVERY
Delivery of Products means the transfer to the Customer of physical possession or control of the ordered Products. In accordance with the provisions of Article L.216-4 of the French Consumer Code, the delivery of Products is accompanied by the delivery of the user manual, installation instructions, and a written document mentioning the possibility of making reservations.
The Customer is informed by email that their Order has been shipped. The email also contains the information necessary to track their Order.
Products ordered by the Customer will be delivered:
- in metropolitan France within four (4) working days from Order shipment,
- in Europe within ten (10) working days from Order shipment,
- in the rest of the world within twenty (20) working days from Order shipment,
to the address indicated by the Customer when placing their Order on the Website, or at the Company's registered office, if the Customer opted for in-store pickup when placing their Order.
Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
The Company commits to making its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are communicated for information only. If despite its efforts, the Company is unable to deliver the Products ordered by the Customer within the above-specified timeframes, it will contact them by email to propose either to wait for the Delivery of the ordered Products, a refund, or an exchange with a Product in stock.
If the ordered Products have not been delivered within ten (10) days after the indicative Delivery date, for any reason other than force majeure or the Customer's fault, the Customer may notify the Company, under the conditions provided in Article L.216-6 of the Consumer Code,
- either the suspension of payment of all or part of the price until the Company performs, under the conditions provided in Articles 1219 and 1220 of the Civil Code (exception for non-performance),
- or the termination of the sale, after having given formal notice to the Company to perform within an additional reasonable period not met by the Company.
The termination may be immediate if the Company refuses to perform or if it is manifest that it cannot deliver the Products or if the unmet delivery deadline was an essential condition of the sale for the Customer.
In case of termination of the sale, the amounts paid by the Customer will be returned to them no later than fourteen (14) days following the date of contract termination, excluding any compensation or retention.
The Company bears the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
If the Customer has not opted for in-store pickup when placing their Order, Deliveries are handled by an independent carrier, to the address mentioned by the Customer when placing their Order and to which the carrier can easily access. The Customer therefore acknowledges that it is the carrier's responsibility to make the Delivery and has no warranty claim against the Company in case of failure to deliver the transported goods.
In case of specific request from the Customer concerning the packaging or transport conditions of ordered Products, duly accepted in writing by the Company, the related costs will be subject to specific additional billing, upon prior acceptance by the Customer.
The Customer must verify the condition of the delivered Products. They have a period of thirty (30) days from delivery to make, by email, any reservations or complaints for non-conformity, apparent defect or vice of the delivered Products (for example damaged package, already opened, etc.), as well as in case of failure to provide the user manual or installation instructions, with all related supporting documents (photos in particular). After this period and failing to have respected these formalities, the Products will be deemed compliant and free from any apparent defect.
It is recalled that the absence of reservations made by the Customer upon delivery of the Products does not exempt the Company from the conformity warranty, as described below.
ARTICLE 8 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
8.1 - Transfer of Ownership
The transfer of ownership of the Products, to the benefit of the Customer, will only be realized after full payment of the price by the latter, regardless of the Delivery date of said Products.
8.2 - Transfer of Risks
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating to them will only be realized when the Customer takes physical possession of the Products, which therefore travel at the Company's risk.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with legal provisions in force, the Customer has a period of fourteen (14) days from the receipt of the Products to exercise their right of withdrawal from the Company, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition no later than fourteen (14) days following the notification to the Company of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the Website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Company, or by any other unambiguous declaration expressing the will to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased Product(s) and delivery costs are refunded; return costs remain the Customer's responsibility.
The refund will be made within fourteen (14) days from the notification to the Company of the decision to withdraw.
ARTICLE 10 - COMPANY LIABILITY - WARRANTY
Products sold on the Website comply with regulations in force in France and have performance compatible with non-professional uses.
Products supplied by the Company benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- from the legal warranty of conformity, for Products that are apparently defective, damaged or do not correspond to the Order,
- from the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered Products and making them unfit for use.
10.1 - Legal Warranty of Conformity
The Company commits to delivering goods conforming to the contractual description as well as the criteria set out in Article L.217-5 of the Consumer Code. It is responsible for conformity defects existing at the time of delivery of the Products and appearing within a period of two (2) years from delivery. This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the prescription period beginning to run from the day the Customer becomes aware of the conformity defect. Conformity defects that appear within twenty-four (24) months or twelve (12) months for second-hand goods from the delivery of the Products are, unless proven otherwise, presumed to have existed at