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General Conditions of Sale 

Preamble:

These general conditions of sale apply to all sales concluded on the MORPH website. Only the French version can be opposed in case of dispute

This website is operated by MORPH CLOTHES, SAS with share capital of € 6,000, domiciled 796 Castaldaccia District 20170 LEVIE, registered with the Register of Commerce and Companies of Ajaccio SIRET n °85153389300018.

The company can be reached by email at the following address: contact@morphclothes.com.

Throughout the site, the terms "MORPH", "We", "Our", "Seller" or "Company" refer to MORPH CLOTHES.

MORPH CLOTHES offers this website, including all information, tools and services available on this site for you, the user hereinafter referred to as "You", "the User", "the Buyer" or "the Customer" , subject to your acceptance of all terms, conditions, policies and notices set forth herein.

Article 1: Purpose and General Provisions

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.

These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's website which are an integral part of the Contract between the Buyer and the Seller.

The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order.

These General Terms and Conditions are available on the Company's website at the following address: https://morphclothes.com/pages/conditions-generales-de-vente-cgv

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click.

The Customer declares that he / she has read all of these General Terms and Conditions of Sale, and if applicable the Special Conditions of Sale related to a product or other general conditions of use and notices referenced in these GTC by hypertext links, and accept them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under the laws of his country of residence or to validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.


Article 2: Price

The prices of products sold through the website are indicated in Euros excluding taxes (VAT not applicable, Article 293 B of the General Tax Code) and precisely determined on the product descriptions pages. Prices are quoted excluding specific shipping charges. (See Article 6 of these terms and conditions)

The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.

For all products delivered outside the European Union and / or DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. This is usually a large order.

These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the relevant local authorities.


Article 3: Conclusion of the online contract

The Customer must follow a series of steps specific to each Product offered by the Seller to fulfill his order.

However, the steps described below are systematic:

  • Find the size of your article based on two criteria: its morphology and size.
  • Information on the essential characteristics of the Product via the article description pages;
  • Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...);
  • Acceptance of these General Terms of Sale.
  • Verification of the elements of the order and, if necessary, correction of the errors.
  • Followed instructions for payment, and payment of products.
  • Delivery of products according to the delivery method available and chosen by the customer.

The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.

Delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.


Article 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website of the Company.

The customer certifies to have received a detail of the expenses and delivery times as well as the methods of payment, delivery and execution of the contract.

The Seller undertakes to honor the Customer's order within the limit of the available Products only. Otherwise, the Seller informs the Customer.

This contractual information is presented in detail and in French. It is possible that they are translated by our translation software and interpretation of these can not be questioned. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order.

The parties agree that the illustrations or photos of the products offered for sale have no contractual value.

The period of validity of the Products' offer and their prices is specified on the Company's website, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated).

In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested as follows: See Articles 9 and 11 of these general conditions.

 

Article 5: Retention of title clause

Products remain the property of the Company until full payment of the price.


Article 6: Terms of delivery

The products are delivered to the delivery address that was indicated when ordering. The time indicated depends on the place of delivery and an indication is given when choosing the delivery method. This time does not take into account the time of preparation of the order which in general is less than 24h.

Delivery is offered for orders with at least three items. For orders of less than 3 items, here are the terms of delivery: 

Delivery methods and delivery time are those detailed above and referenced on the delivery page. They serve as a reference for verifying the respect of delivery times according to the delivery method available and chosen by the customer.

In case of delay of shipment, we will contact you in order to know which continuation you wish to give to your order.

In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses "go" under the conditions of Article L 138-3 of the Consumer Code.

The Seller provides a tracking page to track the order, tracking can be done from this page, a link containing the tracking number of the package is always included in the confirmation email of order processing.

The Seller reminds that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

Article 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to production deadlines imposed by our suppliers under the Pre-orders. 

As part of Pre-order, we indicate delivery times from the end of Pre-order period. 

Article 8: Payment

Payment is due immediately to the order, including for pre-order products. The Customer may pay by credit card through two secure payment providers Stripe or Paypal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa).

Secure online payment by credit card is made by our payment providers. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information.

In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.


Article 9:

Withdrawal period In accordance with Article L. 121-20 of the Consumer Code, the consumer has a period of fourteen calendar days to exercise his right of withdrawal without having to justify reasons or to pay penalties , except, where applicable, return costs. We accept exchange without limit of time. 

The period mentioned in the preceding paragraph runs from the receipt of the goods. The right of withdrawal can be exercised by registering its request for return from the space dedicated to returns 

We inform the Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for products made to the specifications of the consumer or customized.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs will be borne by the Customer. However, if this is a major problem and the customer requests an exchange, the return costs will be refunded in the form of a purchase order for a future order. 

The procedure of validation of the returns and refund of the products is indicated in article 11 of the present general conditions.

Article 10: Guarantees

According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products.

The Seller reminds that the consumer:

  • has a period of 2 years from the delivery of the property to act with the Seller
  • can choose between the replacement and repair of the property subject to the conditions provided by art. apparently defective or corresponding
  • that it is exempt from proving the existence of the lack of conformity of the good during the six months following the delivery of the good.
  • that, except second-hand goods, this delay is extended to 24 months since March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).

Article 11: Exchanges, returns and refunds

The Seller refunds the buyer or exchange the defective items, damaged during delivery or not corresponding to the ordered item. In one of the above cases, please go to the page dedicated to the return of order and to register your request.

Returns of products are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be re-marketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.

  • Once your return is received and inspected, we will send you an email to inform you that we have received your returned item.
  • We will also inform you of the approval or rejection of your refund.
  • If your application is approved, your refund will be processed and a credit will automatically be applied to your credit card, your initial payment method or a purchase order depending on the method of refund chosen when you register your application back. A confirmation will be sent once the refund has been issued.

Late or Missed Refund (if applicable):

  1. If you have not received a refund, check your bank account first.
  2. Then contact your credit card company, it may take some time before your refund is officially published on your bank statement.
  3. Then contact your bank. There is often a processing time before a refund is taken into account.
  4. If you have done all this and still have not received your refund, please contact us at contact@morphclothes.com.

Article 12: Claims

If applicable, the Buyer may submit any complaint by contacting the company using the following contact@morphclothes.com


Article 13: Intellectual property rights

Brands, patterns of articles, domain names, products, software , images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.


Article 14: Force Majeure

The performance of the obligations of the seller at the end of the present is suspended in case of occurrence of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 15: nullity and modification of the contract

If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.


Article 16: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify the personal data about you.

By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract.

By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners.

You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the person in charge of the treatment by email at contact@morphclothes.com or from the contact form of the site.

Regarding the personal data about you and stored by our company, its providers or third-party services available on the site, you can access the content stored from your customer area, request a copy, modification or deletion by following the procedure indicated in the customer area or in the referenced links at the bottom of the site.


Article 17: Applicable law

All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right.

Our general conditions of sale have been developed from a free and free template which can be downloaded from the website https://www.donneespersonnelles.fr/