GENERAL SALE CONDITIONS:

Article 1 - Designation of the seller

MONTHLY DISTRIBUTION

60, avenue Philippe Auguste – 75011 Paris

SIRET: 391 191 392 52

SARL to the capital of 7622,45€

VAT NO: FR94-391191392

Telephone number: 00(33)0296882946

Email : contact@mensdistribution.fr

Site: https://www.poppersmens.com/gb/

 

  

Article 2 - Scope of the General Conditions of Sale

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by MENS DISTRIBUTION ("the Seller") to non-professional consumers and buyers ("Customers or the Customer") (also individually referred to as "a Party" and collectively as "Parties") wishing to acquire the products offered for sale by the Seller ("The Products") on the website https://www.poppersmens.com/gb/. In particular, they specify 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, set out on the website, prior to any transaction with the Customer. These General Conditions of Sale apply to the exclusion of any other conditions, including those applicable to sales in-store or through other distribution and marketing channels. These General Conditions of Sale are systematically communicated to any Customer prior to placing an order and will prevail, where applicable, over any other version or other contradictory document. They are accessible at any time on the website https://www.poppersmens.com/gb/. The Customer declares that he has read these Terms and Conditions and accepted them before placing his order. The validation of the order by the Customer is valid for acceptance without restriction or reservation of these General Conditions of Sale. These Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the date of placing of the order.

   

Article 3 - Products offered for sale

Products offered for sale on the website https://www.poppersmens.com/gb/ are: Poppers for adults. The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of the size or capacity of the Products, are presented on the website https://www.poppersmens.com/gb/ in the Product Sheets and the Seller's Catalogue. The Customer is required to take notice of this before placing an order.

Warning: Poppers offered for sale on site https://www.poppersmens.com/gb/ all precautions for the use of these products should be observed: the following are indicated on each vial:

Hazardous to health: - Highly flammable liquid and vapours – Harmful by inhalation and harmful to ingestion – Causes serious skin burns and serious eye damage – May cause skin allergy – May irritate the respiratory tract – Suspected of inducing genetic diseases – Never associate with products intended to promote erection – keep out of reach of children – Not recommended for pregnant or nursing women.

The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website https://www.poppersmens.com/gb/ are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics. The contractual information shall be presented in French and confirmed at the latest at the time of validation of the order by the Customer. Products presented on the website https://www.poppersmens.com/gb/ are offered for sale for the following territories: France, European Union, Switzerland. In case of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated without taxes automatically on the invoice. Customs or other local taxes, import duties or state taxes may be payable. They will be the responsibility of the Customer only. Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions with the Customer. In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has at any time a right of access, rectification, opposition, eacement and portability of all his personal data by writing, by mail and justifying his identity, to the address of the Seller, mentioned above. The Customer acknowledges that he has the capacity to contract and acquire the Products offered on the website www.poppers-rapide.eu without the Seller's Liability being engaged.

   

Article 4 - Orders

4-1 . Order transfer

It is up to the Customer to select on the website https://www.poppersmens.com/gb/ products he wishes to order, as follows:

After selecting the desired product lots, the Customer creates a user account with an ID and password on the website https://www.poppersmens.com/gb/. This account allows the Customer to validate his product basket and pay directly by credit card or transfer. The Customer has the possibility to check the details of his order, his total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or correct any errors immediately. Registering an order on the website https://www.poppersmens.com/gb/ is realized when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies the acceptance of all these General Conditions of Sale and the general conditions of use of the website https://www.poppersmens.com/gb/. The sale is final only after the Customer has been sent confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the Seller of the full price of the Products sold. Any order placed, validated by the Customer and confirmed by the Seller, in the conditions and in the manner described above, on the website https://www.poppersmens.com/gb/ constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of an earlier order. The Customer will be able to follow the evolution of his order on the website https://www.poppersmens.com/gb/. The Seller is not intended to sell the Products on the website https://www.poppersmens.com/gb/ to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and containing more than 20 identical items.

4-2 . Change of order

Any changes to the order by the Customer may be taken into account by the Seller only within the limits of its possibilities and provided that they are notified by e-mail to the Seller at least 2 days before the date of dispatch of the order. In the event that these changes cannot be accepted by the Seller, any sums paid upon placing the order by the Customer will be returned to him within a maximum of 7 working days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from an asset).

4-3 . Cancellation of order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, outside the exercise of the right of withdrawal or in cases of force majeure.

   

Article 5 - Tariffs

Products are provided at the applicable rates on the website www.poppers-rapide.eu when recording the order by the Seller. Prices are expressed in Euros, HT and TTC. The rates take into account any reductions that the Seller would grant on the website https://www.poppersmens.com/gb/. These rates are firm and non-revisable during their validity period, as indicated on the website https://www.poppersmens.com/gb/, the Seller reserves the right, outside this period of validity, to change prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the website https://www.poppersmens.com/gb/ and calculated prior to placing the order. If the Customer requests a method of shipment that is faster or more expensive than the standard shipment, the additional costs of processing, shipping, transport and delivery, as calculated prior to the validation of the order by the Customer, are fully borne by the Customer, The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and delivered to the Customer upon delivery of the Products ordered.

  

Article 6 - Conditions of payment

The Products offered by the Seller are issued to the Customer in exchange for a price. The price is payable in full cash on the day the order is placed by the Customer, by means of secure payment, according to the following terms: by bank card: Bank card, Visa, MasterCard, by electronic purse, by bank transfer. Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums. Cashing of the cheque shall be effected upon receipt. Payment data is exchanged in encrypted mode with SSL Standard. Payments received by the Customer will be considered final only after actual receipt of the amounts due by the Seller. In addition, the Seller reserves the right, in case of non-compliance with the conditions of payment set out above, to suspend or cancel the delivery of the current orders executed by the Customer. No additional fee, higher than the costs incurred by the Seller for the use of a means of payment may be charged to the Customer.

   

Article 7 - Issuance of ordered products

Issuance of Products means the transfer to the Customer of physical possession or control of the Products ordered. In accordance with the provisions of article L 216-4 of the Consumer Code, the issue of the Products is accompanied by the delivery of the instructions for use and a written statement indicating the possibility of formulating reservations as well as the commercial guarantee. Products ordered by the Customer will be delivered in metropolitan France and in the European Union within 7 working days of dispatch of the order to the address indicated by the Customer when ordering on the website https://www.poppersmens.com/gb/. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at one time. The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are provided for information purposes.

If the Products ordered have not been issued within 7 working days after the indicative date of delivery, for any cause other than force majeure or the fact of the Customer, the Customer may notify the Seller, under the conditions laid down in article L 216-6 of the Consumer Code, of the resolution of the sale, after having notified the Seller to carry out himself within a reasonable additional period not respected by the Seller.

The resolution may be immediate if the Seller refuses to comply or if it is clear that he will not be able to deliver the Products or if the time limit for delivery was an essential condition of sale for the Customer. If the sale is terminated, the amounts paid by the Customer will then be returned to the Customer no later than 14 days after the date of termination of the contract, excluding any compensation or retention. The Seller takes care of the risks of the transport and is obliged to reimburse the Customer in case of damage caused during the transport.

   

Article 8 - Transfer of Ownership - Transfer of Risk 

The transfer of ownership of the Seller's Products, for the benefit of the Customer, will only be effected after full payment of the price by the Customer, regardless of the date of issue of the Products. Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto, will only be achieved when the Customer takes physical possession of the Products which therefore travel at the risks and perils of the Seller.

   

Article 9 - Right of withdrawal

The consumer has a period of fourteen days to exercise his right of withdrawal of a distance concluded, following a telephone or off-establishment, without having to motivate his decision or to bear other costs than those provided for in Article L.221-23 to L.221-25.

 

The period mentioned in the first paragraph runs from the day:

Receipt of the property by the consumer or third party, other than the carrier, appointed by him, for contract sales contracts. For contracts concluded off the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order bearing on several goods delivered separately or in the case of an order of a property composed of lots or multiple parts whose delivery is staggered over a defined period, the time runs from the receipt of the last good or batch or the last piece.

 

For contracts providing for regular delivery of good for a defined period, the time runs from receipt of the first property.

 

When the right of withdrawal is exercised, the professional reimburses the consumer from all amounts paid, including delivery charges, With no unjustified delay and at the latest days from the date on which he is informed of the consumer's decision to retract.

 

For property sales contracts unless it proposes to recover the property, the professional may differ the reimbursement until the recovery of the goods and until the consumer has provided proof of the expedition of these goods, the date retained being the first of these facts.

 

The professional shall make the refund using the same payment method as that used by the consumer for the initial transaction, unless expressly agreed by the consumer so that it uses another means of payment and to the extent or reimbursement does not cause costs for the consumer. Consumer.

 

The professional is not required to repay additional charges if the consumer has expressly chosen a more expensive delivery mode than the standard delivery mode proposed by the professional.

APPENDIX 1 - Retraction Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.poppersmens.com/gb/ except exclusions or limitations to

The exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of:

  

MONTHLY DISTRIBUTION

60 Avenue Philippe Auguste – 75011 Paris

391 191 392 RCS Paris

Telephone number: 00(33)0296882946

Email : contact@mensdistribution.fr

Site: www.poppersmens.fr

  

I hereby notify the withdrawal of the contract for the following product order:

- Ordered on ..... / Received on ..........

- Order number: ...............................................................................

- Client's name: ..............................................................................

- Client's address: ...............................................................................................

  

Customer signature (only in case of notification of this form on paper):

  

Date: .................................

 

   

Article 10 - Liability of the Seller - Guarantee

Products sold on the website https://www.poppersmens.com/gb/ comply with the regulations in force in France and have performances compatible with non-professional uses. Products supplied by the Seller shall be entitled to benefit as of right and without further payment, regardless of the right of withdrawal, in accordance with the legal provisions,

- the legal guarantee of conformity, for products apparently defective, damaged or damaged or not corresponding to the order,

- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture aecting the products delivered and rendering them unfit for use,

10-1 . Legal guarantee of conformity

10-2 . Commercial guarantee

It is recalled that this commercial guarantee applies without prejudice to the right of the Customer to benefit from the legal guarantee of conformity and the legal guarantee relating to hidden defects, which are of right. In accordance with the provisions of Article 1 217 5 of the Consumer Code, "commercial security means any contractual undertaking by a trader towards the consumer for the reimbursement of the purchase price, the replacement or repair of the property or the provision of any other service in relation to the property, in addition to its legal obligations to ensure the conformity of the property. The Seller grants the Customers a commercial warranty on the products sold in order to ensure their compliance and ensuring the refund of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or improper use resulting from a cause unrelated to the intrinsic qualities of the products.

   

Article 11 - Protection of personal data

Pursuant to Law 78-17 of 6 January 1978 as amended by Law No.2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the drawing up of invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated through the website https://www.poppersmens.com/gb/ complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of the processing of information concerning him. This right may be exercised under the conditions and in the manner defined on the website www.poppers-rapide.eu. The Customer, finding that a violation of the general regulation on the protection of personal data has been committed, has the possibility to mandate an association or body mentioned in Article 43b IV of the Computer Law and Freedom of 1978, in order to obtain against the controller or subcontractor, compensation before a civil or administrative court or before the national commission of information technology and freedoms.

   

Article 12 - Intellectual property

The content of the website https://www.poppersmens.com/gb/ is the property of the Seller and his partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.

   

Article 13 - Imprevision

In the event of a change in circumstances that are unpredictable at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, a Party which has not agreed to assume an excessively costly risk of performance may request a renegotiation of the contract from its contracting party.

   

Article 14 - Major Force

Parties shall not be held liable if the failure or delay in the performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of article 1218 of the Civil Code.

  

Article 15 - Method of termination

It is recalled that, in accordance with the legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or, when on the day of the termination the Seller is able to conclude contracts by electronic means.

  

Article 16 - Applicable law

These Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. If translated into one or more languages, only the French text would be authentic in the event of a dispute.

  

Article 17 - Disputes

Any disputes to which the purchase and sale operations concluded pursuant to these general conditions of sale may give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of ordinary law. The Customer is informed that he may in any case resort to a conventional mediation, in particular to the Commission de la médiation de la consommation (C. consumer, art. L 612-1) or with existing sectoral mediation bodies, the references of which are on the website https://www.poppersmens.com/gb/ or any alternative mode of dispute settlement (for example) in case of dispute. In accordance with the provisions of Article L. 616-1 and R. 616-1 of the Code of consumption, the Ombudsman whose company Mens Distribution, Owner and Editor of the Site https://www.poppersmens.com/gb/, is the Centre for Meditation and Consumption (CM2C) whose contact details are as follows:

CM2C

14 Rue Saint-Jean

75017 Paris

Email: https://www.cm2c.net/

If the dispute is to be brought before the courts, it is recalled that under article L 141-5 of the Consumer Code:the consumer may, at his choice, in addition to one of the territorially competent courts under the civil procedure code, refer the matter to the court where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute settlement platform, facilitating the independent resolution by out-of-court of online disputes between consumers and EU professionals.

  

Article 18 - Pre-contractual information - Customer acceptance

The Customer acknowledges that he has been informed by the Seller in a readable and understandable manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code:

- the essential characteristics of the Products and in particular the specifications, illustrations and indications of size or capacity enabling them to acquire the Products with full knowledge of the facts, in particular as regards their conditions of use. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product to know its essential properties and peculiarities

- on the price of the Products and the application of a personalised price on the basis of automated decision-making and associated costs or, in the absence of payment of a price, on any advantage obtained at or in addition to it and on the nature of that advantage ;

- the methods of payment, delivery and performance of the contract of sale ;

- in the absence of immediate execution of the sale, on the time limits for issuing the products ordered ;

- the identity of the Seller and all his contact details ;

- the existence and implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where appropriate, after-sales service ;

- on the possibility of using a consumer mediator, the details of which are given in these General Conditions of Sale, under the conditions laid down in the Consumer Code

- on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the terms of termination, the treatment of claims and other important contractual conditions and, where appropriate, the costs of using remote communication technology, the existence of codes of conduct and financial guarantees and guarantees;

- on the accepted means of payment.

The fact for a Customer, to order on the website https://www.poppersmens.com/gb/ takes full membership and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the use of any contradictory document, which would be unopposed to the Seller.

  

APPENDIX 1 - Retraction Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.poppersmens.com/gb/ except exclusions or limitations to

The exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of:

  

MONTHLY DISTRIBUTION

60 Avenue Philippe Auguste – 75011 Paris

391 191 392 RCS Paris

Telephone number: 00(33)0296882946

Email : contact@mensdistribution.fr

Site: www.poppersmens.fr

  

I hereby notify the withdrawal of the contract for the following product order:

- Ordered on ..... / Received on ..........

- Order number: ...............................................................................

- Client's name: ..............................................................................

- Client's address: ...............................................................................................

  

Customer signature (only in case of notification of this form on paper):

  

Date: .................................