General Conditions of Sale apply to the sale of any Product supplied by:
FAtcorp( Skull Fashion ) through its website https://skullfashion.co.uk whose headquarters are located at 66 avenue des Champs Elysées 75008 PARIS.
Simplified joint-stock company with a capital of €1,000 registered in the Paris Register of Commerce and Companies under number 883 427 767 00016.
The intra-community VAT number is FR37883427767.
Our email address is contact@skullfashion.co.uk
The host of the Site is TUCOWS INC, located at 96 Mowat Avenue, Toronto, Ontario, M6K 3M1, Canada, whose contact details are Tucows.com – Telephone: +33 (0)9 48 23 87 99
Hereinafter the “Company” or the “Seller”,
with Customers who have the status of consumer, that is, any natural person who acts for purposes outside the scope of their commercial, industrial, craft, liberal or agricultural activity, hereinafter the “Customer”.
Any Product Order implies unreserved acceptance by the Client and full and complete adherence to these General Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed and previously derogated by the Company.
The Company offers clothing and accessories for sale.
The Company does not sell Products to minors. If Client is under the age of eighteen (18), she may only use the Site under the supervision of a parent or guardian.
The photos on the Site are not contractual and may vary significantly from the models photographed. These variations are due to the configuration of the different screens and cameras, the illumination of the Products, the shooting angle, etc.
The Company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Customer.
Article -2- Contact with the client
The company’s after-sales and customer service can only be contacted by email at contact@skullfashion.co.uk . The Client must indicate in the email his name, surname, the subject of his request and the number of his Order.
For any professional request (association, media, contract proposal), the Company can only be contacted by email at contact@skullfashion.co.uk .
Article -3- Definitions
“Customer” means any consumer Customer who has placed an Order.
« General Conditions of Sale » refers to this sales contract.
« Order » means any order placed on the website https://skullfashion.co.uk in relation to the Products.
“Basket” refers to all the selected Products.
“Products” means the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the ability to contact customer service; the technical sheet of the product, its availability in stock, and the opinions of other consumers, if applicable.
The “Company” refers to the Ecom Vibe Company
The “Site” refers to the website https://skullfashion.co.uk exclusive property of the Company.
“Geographical Area of the Offer” means the whole of the country in which the Company offers the Products for sale and delivers the Orders, that is, France and Europe.
Article -4- Placement of the Order
The Customer places the Order through the Site: the Customer registers and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site’s catalog by clicking on the “add to cart” button. On the “Basket” page, the Customer has the option of checking the details of his Order and correcting any errors, before confirming it.
On the “Information” page, the Customer must enter their contact information. You can choose to have your Order tracked by email by checking the corresponding box.
On the “Delivery” page, the Customer must choose the shipping method offered.
On the “Confirmation” page, the Client must enter these bank details as well as the billing address. The Customer also has the option of entering a promotional code if they have one.
A complete summary of the Order appears. The Client has the possibility to modify all the elements of the Order before its completion. The Customer is responsible for any errors related to the Order, Products and contact information.
The sale is validly formalized when the Customer has confirmed the Order by clicking on the button “Complete my order”, that he has accepted the General Conditions of Sale, and that he has proceeded to pay according to the methods he has chosen. to exercise the right of withdrawal.
The date of validation of the Order corresponds to the date of receipt of the payment in cash of the total price including taxes duly noted.
Article -5- Availability
Product offers are valid as long as they are visible on the Site, within the limits of available stocks, excluding promotional operations mentioned as such on https://skullfashion.co.uk . In case of unavailability of the Product after placing the Order, the Company will inform the Customer by email. The Order will be automatically canceled and the Company will reimburse the Customer for all amounts already paid within a maximum period of thirty (30) days from the payment of the amounts paid.
Article -6- Exercise of the right of withdrawal
For all distance sales operations, the Client has a period of fourteen (14) calendar days, counted from the day after he takes possession of the goods or accepts the offer of a service, without justification or payment of penalties for your part. The exercise of this right terminates this contract.
When the fourteen (14) day period expires on a Saturday, Sunday, or holiday or non-business day, it is extended until the first business day following. The Customer must inform the Company of his decision by contacting customer service at contact@skullfashion.co.uk
The Client then has another period of fourteen (14) days, from the communication of his decision to withdraw, to return the merchandise to the Company at the address mentioned in article 1. The Client must not return the Product to the manufacturer .
To do this, you can designate the carrier of your choice, making sure that the handling and transport will be carried out in the best conditions. The protective packaging of the Products will be the responsibility of the Customer. The Company advises you to return the products by certified mail or by post.
The costs of returning the Product are borne by the Customer, as are the risks associated with the transport of the Product, whatever they may be.
The Customer’s responsibility is undertaken in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of their right of withdrawal.
Only Products in new condition returned in their original packaging will be accepted. In case of depreciation of the Product, returns will not be accepted.
Products unsealed after delivery by the Customer may not be returned.
Article -7- Reimbursement and expenses
When the right of withdrawal is exercised, the Customer is entitled to the benefit of a refund of all amounts paid.
An email will be sent to the Customer to confirm that the returned products have been received and inspected by the Company. The Company will inform the Client of its decision to approve or reject the refund request.
The refund will be made within fourteen (14) days from the date the Company is informed of the Client’s withdrawal decision.
The Company makes the refund using the same means of payment that the Client used for the initial transaction.
The exercise of the right of withdrawal within the legal terms puts an end to the obligation of the parties to execute this contract, as well as any accessory contract, at no cost to the Client except those related to the return of the Products.
In the event of a delay in the refund, the Customer must first contact the credit card issuer, then the bank and finally the Company at the following email address: contact@lfashion.co.uk
Article -8- Price
The total price of the Order includes the price including VAT of the Products, and possible shipping costs. All Orders are payable in Euros (€).
The Products are invoiced based on the prices in force on the Site on the date of the accepted Order. Discount codes, as well as promotions and sales cannot be combined with each other.
Prices and rates may be revised at any time by the Company.
Article -9- Payment
By placing an Order, the Client declares that he has sufficient financial guarantees for its payment, and that he will effectively pay the amounts owed on their due date, in accordance with the legislation.
Payment of invoices is made in cash and after validation of the Order in accordance with the payment method freely chosen by the Client.
Payment of the Order by the Customer can be made by:
Bank card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted in 256 bits when the Order is placed. They are only decrypted on the payment processor’s server. This information does not exist in plain text on any website and is therefore inaccessible to the Company and third parties.
Paypal
Gift card
As part of a credit card payment, the debit of the card is only made at the time of validation of the Order. Payment is made in cash.
Bank checks are not accepted.
The information related to the purchase transaction is kept for the time necessary to complete the Order. Once the Order is finalized, the information related to the purchase transaction is deleted.
Article -10- Transfer of ownership and risks
The Customer acquires ownership of the Products ordered by paying the price. Any breach by the Client of his payment obligation, for any reason, authorizes the Company to legally request the termination of this sales contract and demand the return of the Products.
Delivery means the transfer to Customer of physical possession or control of the goods. Any risk of loss or damage to the goods is transferred to the Customer when the Customer or a third party designated by the Customer, and other than the carrier proposed by the Company, takes physical possession of the Products.
When the Customer entrusts the delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer at the time of delivery of the Product to the carrier.
Article -11- Delivery times
The delivery period is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.
Delivery will be made within the time indicated during the Order, except in cases of force majeure. In the absence of any indication of the Product delivery date, the Company delivers the Product no later than thirty (30) days after the conclusion of the General Conditions of Sale.
If the delivery is not made within the term indicated by the Company, the Customer may, with prior formal notice from the Company, rescind the contract, or cancel the sale, by acknowledgment of receipt or in writing on another durable medium.
The contract is considered terminated upon receipt by the Company of the registered letter informing it of this resolution, unless delivery has occurred in the meantime.
Article -12- Delivery conditions
Delivery is made to the address indicated by the Customer when placing the Order. The Company may contact the Client to ensure the accuracy of the contact details. Items can be shipped directly by our suppliers from Asia or from our warehouse in France in Talant (21240).
If the delivery cannot be made due to an input error on the part of the Customer, the reshipping costs will be borne by the Customer. In this case, the Company is not responsible for the extension of the delivery time.
Delivery is made by a carrier and delivery is made in accordance with the specific terms of the carrier.
Delivery is considered to have been made at the time of physical delivery of the Products to the Customer by the carrier. The delivery note delivered by the carrier, dated and signed by the Customer at the time of delivery of the Product, will constitute proof of transport and delivery.
It is the Client’s responsibility to check in the presence of the delivery person the status of the Product delivered and, in case of damage or lack of elements, express their reservations on the delivery note and, if applicable, reject the Product and notify the Company.
Article -13- Responsibility and legal guarantees
The Company is automatically responsible to the Client for the correct fulfillment of the obligations derived from the General Conditions of Sale entered into at a distance, whether these obligations are fulfilled by the Company itself or by other service providers and, in particular, by carriers. , without prejudice to your right of appeal against them.
However, the Company may exempt itself from all or part of its responsibility by providing proof that the breach or poor compliance with the General Conditions of Sale is attributable either to the Client or to the unforeseeable and insurmountable fact of a third party. to the contract, or to a case of force majeure.
When the Product shows a lack of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects of the thing sold b), provided for in article 1641 et seq. of the Civil Code.
a) Legal guarantee of European conformity:
The Company sells products in France and Europe, therefore it is responsible for any lack of conformity existing before the purchase of the Products sold, under the conditions of article L. 217-4 et seq. of the Consumer Code.
This warranty does not cover damage, breakage or malfunction resulting from failure to observe the precautions for use.
Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Customer’s home, particularly in the event of an accident of any kind, cannot give rise to the guarantee due by the Company.
By activating the legal guarantee of conformity, the Customer:
– You have a period of two (2) years from the delivery of the goods to act;
– you can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity for twenty-four (24) months from the delivery of the goods.
b) Legal guarantee against hidden defects
The Company is responsible for hidden defects in the thing sold: defects that make it unsuitable for its intended use, or that diminish this use so much that the Customer would not have acquired it, or would simply have given it away. lower price, if he had known them, under the conditions provided in articles 1641 and following of the Civil Code.
This warranty does not cover damage, breakage or malfunction resulting from failure to observe the precautions for use.
Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Customer’s home, particularly in the event of an accident of any kind, cannot give rise to the guarantee due by the Company.
By activating the legal guarantee against hidden defects, the Client:
– You have a period of two (2) years to act from the discovery of the hidden defect.
– you can choose between the resolution of the sale that implies the reimbursement and return of the Product or Products or a reduction of the sale price in accordance with article 1642-1 of the Civil Code.
– You must provide proof of hidden vice.
If the item is defective or damaged upon receipt of the Product, the Customer has the option to choose between the replacement of the Product at no additional cost or a full refund of the purchase price.
To benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to the address contact@skullfashion.co.uk adding as an attachment one or more photos of the defective Product that certifies the facts.
Depending on the Customer’s address, the time required to receive the exchanged Product may vary.
Sale or promotional products are refunded at the price the buyer paid when placing an Order on the Site. The amounts discounted at the time of purchase through a promotional code and/or price reduction after a promotion will not be refunded.
Article -14- Force majeure
In accordance with article 1218 of the Civil Code, cases of force majeure or fortuitous events are considered events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, in the to the extent that its occurrence makes it totally impossible to comply with the obligations.
The occurrence of a case of force majeure will automatically suspend the execution of the Order.
After the period of ninety (90) calendar days, if the parties verify the persistence of the case of force majeure, the Order may be terminated by one of the parties, and the purchase contract terminated. To this end, the most diligent party must send the other registered letter with acknowledgment of receipt denouncing the sale contract.
The effective date of termination will be the date of the first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.
Article -15- Intellectual property
All texts, comments, works, illustrations and images, whether visual or sound, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute or use for any reason, even partially, the elements of the Site. Any single or hypertext link is strictly prohibited without the express written consent of the Company. In any case, any link, even tacitly authorized, must be deleted at the simple request of the Company.
The use of the Site is only authorized for private use, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Company’s catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless previously authorized.
Article -16- Processing of personal data
The Company collects data from the Client:
a) for the purpose of processing and monitoring the Customer Order on its Site; (I)
b) in order to be able to contact you about various events related to the Company, including in particular the update of the Products and the management of the relationship with the client; (I)
c) in order to collect information that allows us to improve the Site and our Products (in particular, through cookies).
The data collected is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall. .
The data collected is kept by the Company only for the time corresponding to the purposes of the previous collection and which in no case may exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR), the Client has the right of access, modification, rectification, deletion or opposition for legitimate reasons, regarding their data.
The Client may exercise their rights by email to contact@skullfashion.co.uk
Article -17- Comments and other proposals from users
If Client submits ideas, proposals or other materials, whether online, by email, by postal mail or otherwise (collectively, “Feedback”), whether or not requested by Company, Client grants Company Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any medium any comments that the Client sends to it.
The Company is not and will not be under any obligation (1) to keep any comments confidential; (2) to pay compensation to any person for feedback provided; (3) respond to comments.
The Company may monitor, edit or remove content that it determines, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or to violate any intellectual property or these Terms of Service. .
The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademark, confidentiality, personality or other personal or proprietary rights. The Client undertakes not to write in their comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false email address, impersonate another person or try to mislead the Company and/or third parties about the origin of their comments.
The Customer is fully responsible for its posted comments and their accuracy. The Company assumes no responsibility and declines any commitment with respect to the comments posted by the Client or by third parties.
Article -18- Applicable laws and dispute resolution
The General Conditions of Sale are subject to the law of French law.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or challenged, stolen or falsified bank card. In this context, no attempt at friendly conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exonerate the Client from the fulfillment of his contractual obligations.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including attorneys reasonable. legal fees and costs, caused by any third party due to your use of the Website or our products and services, or arising out of your use of the Website or our products and services, your breach of the Terms or your breach of its acknowledgments, agreements, representations, warranties and obligations in this document.
National or cross-border disputes that may arise regarding the validity, interpretation, execution or breach, interruption or termination of this contract may be submitted to mediation at the Client’s request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator certified by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed Mediator of Consumption, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and allows Clients to submit a request for mediation online together with supporting documents.
In particular, the dispute cannot be examined by the Mediator if:
– the Client does not justify having tried, in advance, to resolve his dispute directly with the Company by means of a written complaint,
– the request is manifestly unfounded or abusive,
– the dispute has previously been examined or is being examined by another mediator or by a court,
– the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,
– the dispute does not fall within its scope of competence.
The mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of his choice or an expert to defend him, he alone will bear the costs.
The Mediator may not receive instructions from the parties or be remunerated based on the result.
Participation in mediation does not exclude the possibility of appeal in court. The parties are free to submit their dispute to a judge within the framework of the applicable legal provisions. In case of litigation before a judge, jurisdiction is attributed to the competent French court.
The Site reserves the right to initiate criminal proceedings against any fraudulent purchase attempt or purchase with a prohibited or blocked bank card, stolen or forged check. In this context, no attempt at friendly conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and will not exempt the Customer from fulfilling its contractual obligations.