Terms and conditions of use

01 - Identification and applicable law

Gothic Monster is a registered trademark of CLICKWEB. All rights reserved. The whole of this site and the relations born from the orders placed via this site are subjected to the French and Community regulations.

CLICKWEB

RCS Draguignan 479 031 833

Le clos B, les plaines

83590 Gonfaron

France

The present general conditions are subjected to the French law and are applicable to the whole of the commercial relations, existing or to come, born between CLICKWEB and any physical person aged at least 18 years and endowed with the legal capacity on the occasion of an order placed via the website http://www.gothicmonster.com. Only the general conditions of sale validly posted on the website http://www.gothicmonster.com are opposable to Clickweb.

02 - Validity of offers

The commercial proposals on the products sold are not permanent. The validity dates of the offers proposed on the site gothicmonster.com are clearly mentioned on the home pages. These offers are also valid subject to the availability of items.

The promotions/discounts proposed on the site and/or in our emailing are only valid if the amount of the order is superior to the conditions of the offer after return.

In case of immediate non-availability of items or out of stock despite the efforts of the seller, the customer will be informed by mail. CLICKWEB reserve the right to modify their prices at any time. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order. The prices indicated are in Euros and all taxes included (TTC). They take into account the VAT applicable on the day of the order. The sales offers are limited to adults capable of contracting.

03 - Essential characteristics of the products

The products offered for sale are described in the product descriptions present on each article label.

The photographs present a global view of each article, some alterations concerning the colors can appear because of the computer support.

The sizes offered are clearly mentioned in the form of a list. A size guide is available on the site.

04 - Validation of orders

The customer validates his order after having checked the box "I have read the General Terms and Conditions of Sale". By this action, the customer acknowledges having read the content of these Terms and Conditions, and agrees to accept them without reservation.

The customer will receive an e-mail confirming the registration of his order without undue delay. From then on, the processing and shipping will be carried out.

05 - Proof

Clickweb will keep a copy of the e-mail confirming the order as proof, unless the customer has duly justified his opposition, of the date, purpose and terms of the order within the meaning of the law of 13 March 2000.

06 - Payment

On the site gothicmonster.com, the payment of the order is made by credit card bearing the acronym "CB" (Carte Bleue, Visa, Eurocard, Mastercard) or by check for French customers only. In case of payment by credit card, the customer communicates the 16 digits present on the card, as well as the expiration date and the 3 digits present on the back of the card near the signature (cryptogram). The website http://www.gothicmonster.com uses a secure payment method such as SSL (Secure Socket Layer). The banking data are encrypted and do not circulate in clear on the Internet network.

For payments by check or transfer, the sale will be effective only after receipt of payment.

07 - Delivery

The average delivery time is 4 to 7 working days depending on the destination, from the date of shipment. The date of shipment will be notified to you by sending an email.

The delivery times indicated above and on our site are given as an indication and correspond to the delivery times generally noted. In all cases, the items are delivered to the delivery address indicated on your order. In order to avoid the notices of passage of the post office we advise you to indicate an address to which your order could be received at the working hours. The seller can not be held responsible for a delay in delivery during certain periods of high activity, such as sales or holiday periods (postal network saturated), or force majeure. War, riot, fire, strikes, accidents and the impossibility of being supplied with raw materials are considered as cases of force majeure discharging the seller from his obligation to deliver. The goods always travel at the risk of the recipient. Always check your package upon arrival.

Depending on the country or destination, there may be different shipping costs.

07 - Delivery

The average delivery time is 4 to 7 working days depending on the destination, from the date of shipment. The date of shipment will be notified to you by sending an email.

The delivery times indicated above and on our site are given as an indication and correspond to the delivery times generally noted. In all cases, the items are delivered to the delivery address indicated on your order. In order to avoid the notices of passage of the post office we advise you to indicate an address to which your order could be received at the working hours. The seller can not be held responsible for a delay in delivery during certain periods of high activity, such as sales or holiday periods (postal network saturated), or force majeure. War, riot, fire, strikes, accidents and the impossibility of being supplied with raw materials are considered as cases of force majeure discharging the seller from his obligation to deliver. The goods always travel at the risk of the recipient. Always check your package upon arrival.

Depending on the country or destination, customs or other taxes may be claimed, independently of the shipping costs charged at the time of sending your package. In this field, the legislation in force applies according to the country mentioned on your delivery address.

08 - Legal guarantees

Legal guarantee of conformity :

All our articles are subject to a legal guarantee of conformity (Art L211-1 and following of the Consumer Code).

Article L211-4 code of consumption:

The seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.

He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L211-5 code of consumption:

To be in conformity with the contract, the good must:

1° Be fit for the purpose usually expected of similar goods and, where appropriate :

- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;

- have the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 code de la consommation :

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Guarantee of the hidden defects:

All our items are subject to a legal guarantee of hidden defects (Art 1641 and following of the Civil Code).

Article 1641 civil code:

The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1648 al 1er code civil :

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

09 - Right of withdrawal, exchange and refund

The customer has a right of withdrawal and cancellation of his order in accordance with Article L121-21-2 of Law No. 2014-344 of March 17, 2014 - art. 9 (V). If an item is not suitable, the customer may exchange it or obtain a refund.

 The customer may return to CLICKWEB his package within fourteen (14) days from its receipt without prior information to the address mentioned below. 

The customer may also inform CLICKWEB of its decision to withdraw or cancel within fourteen (14) days from receipt of the ordered items (last item received in case of deferred). This information can be given to the Customer Service by letter or email. Following this information, the customer has fourteen (14) days to return his package to the address indicated below: 

CLICKWEB

LE CLOS B, LES PLAINES

83590 GONFARON

France

The products must be returned in their original packaging, with all the elements that made up the product (instructions, accessories ...) and accompanied by the delivery note in the package.

The returns in port due or against refunding as well as the damaged or incomplete articles will not be accepted.

In case of return resulting from an error attributable to CLICKWEB, the return costs will be reimbursed (the customer will keep the postal receipt of the sending). This condition applies in particular in case of error of product references when putting under package or a missing or defective article or in the case of an article proposed in substitution of another one which would have been out of stock or in long delay. In all the cases, the turned over articles will be accompanied by the delivery order present in the parcel and will be to turn over in the deadlines to the address mentioned above.

In case of refund:

The customer will be reimbursed for all sums paid, including outbound shipping costs (standard rate), no later than 14 days after Clickweb is informed of the customer's decision to withdraw (Article L121-21-4 of Law No. 2014-344 of March 17, 2014 - art. 9 (V)).

Reimbursement may be deferred until the goods are recovered or until proof of shipment of these goods is provided, the date retained being the first of these facts.

10 - Intellectual property and related rights

The site gothicmonster.com and all the elements which constitute it, in particular the various contents (photos, texts, presentations, marks and drawings and models...) and the attached software, are protected by intellectual property rights and similar rights reserved to the only holders of these rights.

Consequently, any use, reproduction, representation or distribution of these elements, in whole or in part, is strictly prohibited, with the exception of reproductions without modifications or alterations made for the purpose of personal and private copying in accordance with Article L.122-5. 2° of the Intellectual Property Code.

11 - Responsibility

Despite all the care taken for the constitution and the update of this site, errors, inaccuracies or omissions may remain as well as problems of connection to the site or interruption in the connection. CLICKWEB declines all responsibility for any direct or indirect damage that may result from this.

Through the hypertext links, you have the possibility to consult other sites. Clickweb cannot be held responsible for the contents of the sites to which it is referred and over which it has no control.

12 - Disputes

In the event of a claim or dispute, the parties shall attempt to find an amicable solution before taking any legal action, it being understood that this does not interrupt the time limit for taking action. Any dispute will be subject to French law. The French courts will have exclusive jurisdiction.

13 - Legal information

The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has (Article 34 of the Act of January 6, 1978) a right to access, modify, rectify and delete data concerning him/her, which he/she can exercise with Clickweb. The client may also, for legitimate reasons, oppose the processing of data concerning him.

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