1. SUBJECT OF CONTRACT
These general sales conditions define the rights and obligations of GROUPE GNG and of the Customer in regards to the products presented by MULEBAR on its website www.mulebar.com (hereinafter referred to as "the Site"). They apply exclusively between the company GROUPE GNG, 13 rue Trigance, 13002 Marseille (France), Siret: 523 223 030 (hereinafter referred to as "MULEBAR") and any physical human consumer visiting or making a purchase via the website itself (hereinafter referred to as "the Customer").
On the Site, GROUPE GNG allows the customer to order online products from the brand MULEBAR (hereinafter referred to as "the Product(s)") according to the present terms and conditions. Any order placed via MULEBAR therefore entails the unconditional acceptance by the Customer of these conditions. GROUPE GNG reserves the right to modify the current general conditions at any time without notice; the applicable conditions are those in effect on the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
The products on sale are presented on the website of MULEBAR and accompanied by a description. Products offered by MULEBAR comply with the applicable standards in France. Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer knowledges. As such, MULEBAR does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers.
3. CUSTOMERS'S OBLIGATIONS
The Customer declares to be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Site. The Customer undertakes to provide GROUPE GNG elements of real and necessary information for the performance of the intended service of the present conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address. The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful. Once the order has been placed, MULEBAR addresses an email to the Customer confirming it. The Customer may modify their personal information under the "My Account" section.
All orders will be confirmed after acceptance of payment. GROUPE GNG reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order. GROUPE GNG can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation. If, despite the vigilance of GROUPE GNG, products are unavailable, GROUPE GNG will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and refund, if applicable, the amounts already paid. The permanent or temporary unavailability does not in any way engage the responsibility of GROUPE GNG, nor does it imply any right to compensation or damages in favour of the Client.
The prices displayed on the Site are indicated in Euros including French tax charges (French VAT and any taxes eventually applicable) or in Sterling Pound (for UK) excluding shipping costs, order processing costs and packaging costs. The shipping costs, order processing costs and packaging costs will be calculated in the basket of the Customer, before final confirmation of the order. Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.
GROUPE GNG delivers its products within France and to all countries (please refer to the delivery page). Products are shipped with the delivery form to the shipping address provided by the customer when ordering. The delivery times indicated on the site are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.).
In case of late delivery of more than 10 working days, if the product has not been shipped, the Customer may terminate the order by email to firstname.lastname@example.org with acknowledgment of receipt and request a refund for his order.
In case of damaged delivery (already open, missing products...), the Customer shall notify the carrier and GROUPE GNG, by any means, under all reserve within 3 days of receipt of the product. GROUPE GNG cannot be held responsible for consequences due to delayed delivery that are not of their making.
Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard, American Express), via PayPal. For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits). The communication by the Customer of his or her credit card number is authorization for GROUPE GNG to debit its account by the amount of the order. No sending of cash on delivery will be accepted, whatever the reason.
GROUPE GNG retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by GROUPE GNG are 100% secure. For payments by a banking card (credit card, visa and e-carte bleu), all the information that Customers communicate with GROUPE GNG are strictly protected and guarantee the accuracy and security of each transaction.
8. RETURNS OF PRODUCTS
Within seven (7) days from receipt of the order, the customer may request GROUPE GNG to return the product(s). To do this, the Customer must first request a return by email to email@example.com.
If the return request is validated by GROUPE GNG, the shipping fee to return items are to be taken charge of by the Customer. The return is at the risk of the Customer. The Product must be returned within 30 days in its original packaging, in its original condition.
Upon non-compliance by the Customer of these conditions, notably of the conditions of return, GROUPE GNG will not proceed with the refund for the Products concerned.
9. GUARANTEES AND RESPONSIBILITY
GROUPE GNG only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of GROUPE GNG cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.
10. INTELLECTUAL PROPERTY
In no case the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos ...). This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of GROUPE GNG.
In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of GROUPE GNG.
11. GUARANTEES AND RESPONSIBILITY
GROUPE GNG agrees to only use the confidential information of its Customers in the case of operation of its website. In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge. As such, the information may be disclosed to the technical providers of GROUPE GNG.
Moreover, GROUPE GNG is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of GROUPE GNG.
12. GENERAL PROVISIONS
12.1. NON PARTIAL VALIDITY OF CLAUSE
If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.
These general conditions can be modified at any time without notice by GROUPE GNG, the applicable conditions are those in effect on the date of the order by the Customer.
12.3. APPLICABLE LAW - JURISDICTION
These general conditions are subject to French law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement. In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.