Terms and conditions of use

 

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (known as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website https://www.mymodgp.fr.

 

 

The Products offered for sale on the site are as follows:

Clothing: Pants, dresses, tops, skirts, shorts, etc...
Accessories: Bags, belts, etc...

 

 

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.mymodgp.fr, which the client is required to review before ordering.

 

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limits of available stocks, as specified when the order is placed.

These GTCS are accessible at any time on the website https://www.mymodgp.fr and shall prevail over any other document.

The Client declares to have read these GTCS and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site https://www.mymodgp.fr.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

 

 

The Seller's contact details are as follows:
SNB DESIGN, SARL
Share capital of 1500 euros
Registered with the PÔINTE À PITRE Trade and Companies Register (RCS) under number 928166289
IMPASSE VATIN, LASSERRE - 97111 MORNE A L'EAU
Email: contact@mymodgp.fr
Phone: +590690498239
Intracommunity VAT number: FR01928166289

 

 

The Products presented on the site https://www.mymodgp.fr are offered for sale for the following territories:
French Overseas Territories
International.

 

 

In the event of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments (DOM-TOM), 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 at the Client's expense and are their sole responsibility.

 

 

ARTICLE 2 - PRICE

The Products are provided at the rates in force appearing on the site https://www.mymodgp.fr, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax (HT) and including tax (TTC).

The rates take into account any reductions that may be granted by the Seller on the site https://www.mymodgp.fr.
These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

 

 

ARTICLE 3 - ORDERS

It is the Client's responsibility to select the Products they wish to order on the site https://www.mymodgp.fr, according to the following terms:
The client accesses or creates a customer account.
They put the desired products in the basket.
They click on CHECKOUT to access the different options.
They can enter a promo code.
They validate their address information.
They choose their delivery method.
They can request gift wrapping.
They choose their payment method.
They accept the general terms and conditions of sale.
They finalize their payment and receive the summary information of the order for processing.

Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to check the accuracy of the order and report any errors immediately.

Any order placed on the site https://www.mymodgp.fr constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client will be able to follow the progress of their order on the site.

 

 

ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT

In order to place an order, the Client is invited to create an account (personal area).

To do this, they must register by filling out the form that will be proposed to them at the time of their order and agree to provide sincere and accurate information concerning their civil status and contact details, in particular their email address.

The Client is responsible for updating the information provided. It is specified that they can modify it by logging into their account.

To access their personal area and order history, the Client must identify themselves using their username and password, which will be communicated to them after registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, they will remain solely responsible for the use that will be made of it.

The Client may also request their unsubscription by going to the dedicated page on their personal space or by sending an email to: contact@mymodgp.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the site https://www.mymodgp.fr will have the possibility of suspending or even closing a client's account after a notice sent electronically that has remained without effect.

Any account deletion, for whatever reason, results in the simple and pure deletion of all personal information of the Client.

Any event due to a case of force majeure resulting in a malfunction of the site or server, and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general terms and conditions of sale.

 

 

ARTICLE 4 - PAYMENT TERMS

The price is paid by way of secure payment, according to the following terms:

• payment by credit/debit card

 

The price is payable in cash by the Client, in full on the day the order is placed.

However, the Client may, when this possibility is indicated on the site https://www.mymodgp.fr, pay according to the following conditions and schedule:
Payment in 4X with the PAYPAL service.

In this case, in the event of late payment and payment of sums due by the Client beyond the deadlines set above, and after the payment date appearing on the invoice addressed to them, late payment penalties calculated at the legal rate applicable to the total amount (TTC) of the acquisition price appearing on said invoice, will be automatically and by right acquired by the Seller, without any formality or prior notice.

Late payment will result in the immediate demand for all sums due by the Client, without prejudice to any other action that the Seller would be entitled to take, in this respect, against the Client.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of current orders placed by the Client.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider intervening for bank transactions carried out on the site https://www.mymodgp.fr.

Payments made by the Client will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to proceed with the delivery of the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.

 

 

ARTICLE 5 - DELIVERY

The Products ordered by the Client will be delivered in metropolitan France or in the following zone(s):
French Overseas Territories and International.

Deliveries occur within a period which can range between 3 days and 15 days depending on the destination and the preparation time, to the address indicated by the Client when ordering on the site.

Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.

If the ordered Products have not been delivered within a period where the Client may cancel their order after an additional 30 days beyond the maximum delivery time defined after the indicative delivery date, for any cause other than force majeure or the fault of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be returned to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

The Seller also offers free delivery to one of its stores accessible via the link or the following locations: Store pickup address: Cours Richardson (To the right of Sotasbag - Roundabout entrance to Les Abymes) - PROVIDENCE - 97139 LES ABYMES

In the event of a special request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.

The Client is required to check the condition of the delivered products. Claims are possible upon delivery. The Client has a period to formulate claims by which Returns and exchanges are accepted within 30 days.

SNB DESIGN declines all responsibility in the event of deterioration of packages by postal services.

Items are carefully packed to satisfy you.

 

 

Claims can be made:

By email: contact@mymodgp.fr

By mail:
MYMOD (Snb Design)
IMPASSE VATIN - LASSERRE
97111 MORNE A L'EAU
GUADELOUPE - FRANCE, accompanied by all relevant supporting documents (notably photos). After this period and failing to have respected these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.

 

 

The Seller will refund or replace as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTCS.
The transfer of risks of loss and deterioration relating thereto will only be carried out at the time when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time the good is handed over to the carrier.

 

 

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Client will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.

 

 

ARTICLE 7 - RIGHT OF WITHDRAWAL

Given the nature of the Products sold, orders placed by the Client do not benefit from the right of withdrawal.
The contract is therefore definitively concluded upon the placing of the order by the Client according to the procedures specified in these GTCS.

 

 

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

The Products provided by the Seller benefit from:

• the legal guarantee of conformity, for Products that are defective, spoiled, or damaged or do not correspond to the order,

Provisions relating to legal warranties

 

 

Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

 

Article L217-5 of the Consumer Code

The property is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling

 

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

 

Article L217-12 of the Consumer Code

Action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

 

Article 1641 of the Civil Code.

The seller is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if they had known them.

 

 

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.

 

 

Article L217-16 of the Consumer Code.
When the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

 

In order to assert their rights, the Client must inform the seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects as of their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 30 days. Returns or Exchanges are accepted within 30 days in the original packaging with tags attached to identify customer references. In case of refusal of the order, the refund will occur within 15 days (excluding bank processing times). The refund method will be validated in agreement with the customer upon contact. This refund can be made by bank transfer or check.

 

The Seller's liability shall not be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Client, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and shall not engage the Seller's liability.

 

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Provisions relating to the contractual guarantee
Products purchased on the site https://www.mymodgp.fr may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and rates:
A contractual guarantee applies to ordered items for a duration of 15 days for which the service will be Free.

 

This contractual guarantee covers the following situations:

 

The guarantee applies in case of:
- Request for readjustment of the hem height of the garment.
- Request for change or readjustment of size.

 

 

This guarantee is excluded in the following situations:
- The guarantee is not applicable in the event of deterioration of the item between its hand-over to the postal services and arrival at the customer's home.
- The guarantee does not apply in case of requests not provided for in the initial order.

 

 

It is applicable under the following conditions:

To apply the guarantee, the client must contact MYMOD within 15 days following the date of delivery by the postal services or the date of delivery in store.

 

 

ARTICLE 9 - PERSONAL DATA

The Client is informed that the collection of their personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected only for the execution of the sales contract.
The Client is also informed that the collection of their personal data is also necessary for the following purposes:
Promotional campaigns made by MYMOD to its customers.

 

 

9.1 Collection of personal data

The personal data collected on the site https://www.mymodgp.fr is as follows:

 

 

Account opening
When creating the Client/user account:
Surnames, first names, postal address, phone number and email address.

 

 

Payment
As part of the payment for the Products offered on the site https://www.mymodgp.fr, the site records financial data relating to the Client/user's bank account or credit card.

 

 

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

 

 

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, the Regulation 2016/679 on the protection of personal data (GDPR).

 

 

9.4 Limitation of processing

Unless the Client expresses their express consent, their personal data is not used for advertising or marketing purposes.

 

 

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the statute of limitations for the applicable contractual civil liability.

 

 

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

 

9.7 Implementation of Client and user rights

In application of the regulations applicable to personal data, Clients and users of the site https://www.mymodgp.fr have the following rights:
• They can update or delete the data concerning them in the following way:

contact MYMOD by email to request the deletion of personal data at contact@mymodgp.fr.
• They can delete their account by writing to the email address indicated in article 9.3 "Data controller"
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"
• If the personal data held by the Seller is inaccurate, they can request
the update of the information by writing to the address indicated in article 9.3

 

Data Controller
• They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3

 

Data Controller
• They can also request the portability of the data held by the Seller to another provider
• Finally, they can object to the processing of their data by the Seller

 

These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

 

The data controller must provide a response within a maximum period of one month.

In case of refusal to grant the Client's request, reasons must be provided.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Client may be invited to check a box under which they agree to receive informational and advertising emails from the Seller. They will always have the possibility of withdrawing their agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

 

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site https://www.mymodgp.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

 

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTCS and the operations resulting therefrom are governed and subject to French law.

These GTCS are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.

 

 

ARTICLE 12 - DISPUTES

For any claim, please contact the customer service department at the postal or email address of the Seller indicated in ARTICLE 1 of these GTCS.

The Client is informed that they can in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative mode of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is
-----------------------------------------------
----------------------------------------------

Email:
The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale operations concluded in application of these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.