ARTICLE 1: SCOPE
1 Placing an order for Products entails the Customer's full and unreserved adherence to these ST&Cs. In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
ARTICLE 2: DEFINITIONS & Orders
"Customer": Any legal entity or natural person purchasing Products from the Seller, for strictly professional purposes.
"Order": Action for the Customer to accept these ST&Cs by ticking the box "I have read and I accept the general conditions of sale", select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
"Contract": Set of documentation consisting of the Customer's Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
"Intellectual Property Rights": any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries.
"Party": the Customer on the one hand, and the Seller on the other hand, referred to jointly as the "Parties".
"Products": the Products provided and marketed by the Seller, as presented on the Website including trend books and/or CD ROMs.
"Website": the website www.mycmen.com
"Seller": the company MycMen LLC
2.2 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his "Cart".
2.3 Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box "I have read and I accept the general conditions of sale".
2.4 The Order is only validated after the Customer provides the information required for the successful completion of his Order and pays for it.
Customer's name, billing address, email address, telephone number
Delivery address and recipient’s telephone number.
2.5 The Customer warrants the accuracy of all this information. Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.
2.6 The Customer's Order shall be systematically confirmed via email, at the address indicated by the Customer when placing the Order. This confirmation email shall include, in particular, an invoice in the Customer's name, summarizing the identifying features of the Order.
2.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfillment or payment of a previous Order or when the Customer has not complied with these ST&Cs.
2.8 The Order is placed subject to the availability of the Seller's stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
2.9 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honoring the Order. Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order, including the corresponding postage costs. The same shall apply for any additional delivery costs due to this cancellation.
ARTICLE 3: DElivery
3.1 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.
3.2 The Seller's online sale department under its sales contract is fully responsible for delivery and shipping, with the costs incurred being integral to these transactions. Should a dispute arise on delivery, any claim must be sent within 48 hours to the online sale department of MycMen.com, in addition to any reservations made to the carrier under legal conditions.
3.3 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
ARTICLE 4: Payment
4.1 The Order shall be paid for by payment card once the Order has been validated. The payment cards accepted are Visa, MasterCard and American Express. The Customer's account shall be debited immediately after acceptance of these ST&Cs and validation of the Order, when the confirmation email is sent.
4.2 The Customer warrants that he has the necessary rights to use his payment card and that he is fully authorized to use it to pay for the Order. He also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale.
4.3 For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer's means of payment, over which it has no control.
4.4 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract. Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.
4.5 The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.
ARTICLE 5: Use of the website and personal information
5.1 The use of the Website shall not confer any rights. All rights used or represented on the Website shall remain the Seller's exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.
5.2 Access to the Website is provided on an "as is" basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user's risk. The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user's expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.
5.3 Computerized registries are kept in the Sellers' IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
ARTICLE 6: liability
6.1 The Seller's online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author...).
6.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage as defined by Articles of the Civil Code, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.
6.3 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
6.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
ARTICLE 7: FORCE MAJEURE
7.1 The Seller cannot be held liable for failure to fulfill one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
7.2 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.
ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS
8.1 The Products contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties.
8.2 Insofar as possible, the Seller identifies the authors and/or holders of these Intellectual Property Rights in the Product bibliography. Should a person or entity recognise one of these elements over which they may exercise rights and which are not completely identified or unidentified, the Seller shall remain available to receive such a claim.
8.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over the Products shall continue to be held by the Seller or by the holders of the rights as specified.
8.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.
ARTICLE 9: DISPUTE/APPLICABLE LAW
9.1 These ST&Cs, in addition to any contract entered into pursuant to the ST&Cs, are subject to US law. Contractual information is presented in US and the Products offered for sale comply with US legislation.