General terms and conditions
Here they are, here they are, the famous General Terms and Conditions of Sale (GTCS) ... We won't hide it, reading them is not necessarily a pleasure. So to make your life easier, we have summarized them for you!
Here is everything you need to know about Monsieur BARBIER's T&Cs, in a few key points:
- Subscriptions are sent between the fifth (5th) and fifteenth (15th) of each month by green letter. Their reception is estimated between the fifteenth (15) and the twenty-fifth (25) of each month.
- Our subscriptions can be created, modified, paused, or even terminated at any time. The request will be made within twenty-four (24) hours.
- The payment of the Subscriptions will be done by direct debit, on the day of the registration, then on the fifth (5) or the fifteenth (15) of the month corresponding to the next withdrawal of your Subscriptions.
- You have received a defective product, the wrong product, or simply want to exercise your right of withdrawal (see Article 4.1)? No problem! You have thirty (30) days to return the product(s) to us. The refund will be made within thirty (30) days or less after receipt of the product.
- To report a delay in delivery, request assistance or additional information, you can contact us at the following address: justine@monsieurbarbier.com .
However, if you want to read the more detailed version, it happens just below!
Article 1: The company
Monsieur Barbier SAS is a Simplified Joint-Stock Company (SAS in French) with a capital of 62,500 euros, registered under the number 797 460 235 RCS PARIS, whose head office is located at 10 rue du Colisée, 75008 Paris, FRANCE, (hereinafter referred to as "the Company"). It offers on its website www.monsieurbarbier.com (hereinafter the "Site") the sale and periodic delivery by subscription (hereinafter the "Subscriptions") of shavers and everyday consumer products (hereinafter the "Products").
Article 2: Scope of application
2.1 T&C's object
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply exclusively to all orders for Products and/or Subscriptions placed with the Company on the Site by any customer located in Metropolitan France (excluding French Overseas Departments/Territories) for billing and delivery in France (excluding French Overseas Departments/Territories).
2.2 Application domain of GTCS
Any order placed on the Site implies full acceptance by the customer, without exclusions or reservations, of these GTCS. These will prevail over any contrary stipulation that may appear on the general terms of purchase, or any other document that may be issued by the customer. However, in the event of an agreement duly signed between the client and the Company, any clause of this agreement that would be contrary to a clause of the present GTCS shall automatically prevail over the said clause of the GTCS.
2.3 Availability and enforceability of the GTCS
The GTCS are directly available to consumers on the seller's website. The GTCS are opposable to the consumer who recognizes, by checking a box provided for this purpose, to have had the knowledge and to have accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser with the GTCS in force on the day of the order whose conservation and reproduction are ensured by the professional salesman in accordance with article 1127-2 of the civil code (old C. civ., art. 1369-4).
2.4 GTCS modification
The present GTCS were updated on June 15, 2020, and canceled and replace with those previously published. They are permanently accessible at the following address: https://www.monsieurbarbier.com/cgv . They may be modified at any time by the Company, without prior notice, it is understood that such modifications will not apply to orders that have been accepted by the Company beforehand.
2.5 GTCS clauses
The nullity of a contractual clause does not entail the nullity of the GTCS. The temporary or permanent inapplication of one or more clauses of the GTCS by the professional seller does not constitute a waiver of the other clauses of the GTCS, which continue to have an effect.
Article 3 : Orders/Subscriptions and modifications
3.1 Characteristics
Orders for Products and Subscriptions are placed on the Site by filling out the order form. In accordance with the provisions of the French Civil Code on the conclusion of online contracts, the contract is concluded when the customer clicks on the button allowing him/her to confirm the order, after having viewed the details of the order and, in particular, its price, and have had the opportunity to correct any errors. An acknowledgment of receipt will be sent to the customer by the return to the e-mail address given in the order form, containing the contractual information.
3.2 Subscription
Each Subscription is valid for one person and is subscribed in his or her own name and for a single delivery address. His or her name must appear on the credit card used for payment. The customer may subscribe to several Subscriptions for the same period, regardless of the delivery address.
3.3 Stock availability
The order can be accepted within the limits of available stocks. In case of unavailability of the Products, the Company will inform the customer who will be able, in the application of the provisions of article L 121.20.3 of the Code of the Consumption, either to ask to be refunded of the paid price, if necessary or to be delivered of a product or service of equivalent quality and price, within the limit of stocks available. The permanent or temporary unavailability of a product or service shall not in any way engage the responsibility of the Company, nor shall it give rise to any right to compensation or damages in favor of the customer.
br 3.4 The customer may modify his or her Subscription at any time by filling out a Subscription modification form online on the Site. The Subscription will be modified within twenty-four (24) hours, provided that the modification request is made forty-eight (48) hours before the Subscription renewal date. Otherwise, the Subscription will be modified at the end of the following month.
3.4 Address modification
In the event of a change in the delivery address, it is up to the customer to inform the Company by filling out the delivery address change form on the Site. The request to change the delivery address must be made ten (10) days before the date scheduled for the next shipment. Otherwise, the change will be effective from the following month.
3.6 Archiving
Orders are placed in French. The language proposed for the conclusion of contracts is French. The contracts concluded on our website (data relating to customer orders and GTCS in force on the day of the order) are archived for a period of 10 years. The customer can access the archived contracts by making a request by email or by post.
Article 4: Retraction
4.1 Retraction right
In accordance with the legislation in force, the customer has a period of fourteen (14) days from the date of receipt of the product to cancel it and be reimbursed. If the 14-day period expires on a Saturday, Sunday, holiday, or non-working day, it is extended to the next working day. The customer does not have to give any reason for exercising his right of withdrawal. He will not suffer any penalty. In case of exercising the right of withdrawal, the customer must return the product to the Société de Monsieur BARBIER, 68 Impasse du Mas Confort, 30900 Nîmes, France.
4.2 Reimbursement
Refunds will be made within thirty (30) days of receipt of the request. The refund will be made by crediting the customer's bank account.
Article 5: Duration & end of contract
5.1 Duration of contract
Subscriptions are taken out by customers for a period of one (1), two (2), or three (3) months from the date of validation of the transaction, renewable by tacit renewal.
5.2 End of contract
The customer may terminate his or her Subscription at any time by filling out the online unsubscription form on the Site. Termination will take place at the end of the current month of Subscription, provided that notice of unsubscription is given forty-eight (48) hours before the Subscription renewal date. Otherwise, the termination will occur at the end of the following month.
5.3 Suspension or termination
The Company may suspend or terminate the Subscription at any time in the event of the customer's failure to comply with its payment obligations and/or any other obligation to the Company. Termination shall be effective immediately upon notification by the Company and shall not entitle the Customer to any refund, including the refund of any sums levied for a period subsequent to the date of termination.
Article 6: Tarifs and payment terms
6.1 Retail price
The prices in force for the Products and the various Subscription offers are those displayed on the Site on the day the order is accepted by the Company, the Company reserving the right to modify them at any time. They are indicated in euros, including all taxes and participation in processing and shipping costs in metropolitan France (excluding overseas departments/territories). All orders are payable in euros.
6.2 Promotional code
For any first subscription purchased with a coupon code offering a fifty (50) percent discount, the customer will receive a fifty (50) percent discount on the first month's subscription. This offer is valid for each individual customer. This offer will be valid only once per customer and per delivery address. This offer will not apply in the event of a re-subscription following the termination of a Subscription by the customer or the Company, for any reason whatsoever.
6.3 Payments
Payments for Products and Subscriptions are made exclusively online and by credit card via a secure payment server. The credit card used for the payment must bear the name of the person who subscribes to the subscription. Payment for Subscriptions is made by automatic payment (direct debit) by credit card each month, with payment occurring on the Subscription renewal date corresponding to the anniversary of the subscription date. It is up to the customer whose credit card validity period has expired to contact customer service and provide valid credit card information. To do so, he/she can log on to www.monsieurbarbier.com
6.4 Failure to pay
Any failure to pay will result in the automatic suspension of the Subscription by the Company until the amounts due are paid, the Company reserving the right to terminate the Subscription at any time in accordance with the terms and conditions set forth in these GTCS.
6.5 Unpaid invoice
Any invoice not paid on the due date will be increased by interest at the rate of three times the legal interest rate, deducted per month of delay until the day of final payment. In addition to the initial amount due, a lump sum of 10% of the amount of the invoice, including VAT, will be added as a penalty clause, without prejudice to the costs and fees that may be incurred for the recovery of the debt. Such interest and penalties shall be payable by operation of law on the day following the date of payment shown on the invoice, upon simple request by the Company, without prejudice to any other action that it may be entitled to take against the client in this respect.
In the event of non-payment of a due invoice or a change in the client's financial and/or legal situation that could threaten the collection of its debt, all of the Company's debts to the client shall become immediately due and payable, including those that are not due, regardless of the method of payment agreed upon and without the need for a formal notice.
Article 7: Client obligations
The customer declares to be at least eighteen (18) years old and to have the legal capacity or to hold a parental authorization allowing him to place an order on the Site.
The customer agrees to provide accurate and personal information, including last name, first name, address, telephone number, banking information, and valid e-mail. He/she may not subscribe to a Subscription on behalf of a third party.
The customer is liable for any consequences arising from false or inaccurate information provided or unlawful use of such information.
Article 8 : Deliveries - Product returns
The delivery can only take place if the customer is up to date in his payment obligations or any other obligation towards the Company. Customer orders will be delivered within two (2) business days from the Company's validation of the order for one-time purchases, and seven (7) business days from the validation of the debit for subscriptions. The Company cannot guarantee that the services offered will not be interrupted in any way.
The client is responsible for checking the condition of the Products upon delivery. Any reservations or claims concerning visible defects or non-conformity of the Product, accompanied by the necessary supporting documents, must be made by the client in writing, stating the reasons, and sent to the Company within thirty (30) days of the date of delivery of the Products. Failing this, the Products delivered shall be irrevocably deemed to be in conformity with the order and free of any apparent defect. The cost of returning the Products shall be borne by the Client, except in the event that the Company is responsible for the delivery of a damaged or non-compliant Product..
Article 9: Liability - Warranty
9.1. Liability
The customer is expressly informed that the Company is not the manufacturer of the Products, in the sense of the Law L98-389 of May 19, 1998, relating to the responsibility of the defective products. Therefore, in the event of damage caused to a person or property by a defect in the Product, only the manufacturer of the said product may be held liable.
9.2 Warranty
In the event that the Company's liability is proven, it shall be limited either to the obligation to replace the products or to the reimbursement of all or part of their value, to the exclusion of any indemnity or damages. If the order consists of several deliveries, the defect affecting one delivery shall not affect the mutual commitments regarding the other deliveries.
Article 10: Resolution - Suspension
The Company reserves the right to cancel or suspend the sale, immediately and by right and without compensation, totally or partially, or to demand guarantees, in case of any change in the financial and/or legal situation of the customer that may threaten the collection of its debt, in case of violation of the applicable legislation and/or in case of force majeure, of events that may stop or reduce the manufacture, transport, delivery of the Products or prevent the normal execution of the sale. War, mobilization, strikes, machinery breakdowns, fires, and other accidents that prevent or reduce manufacturing are considered force majeure.
Article 11: Intellectual property
Monsieur BARBIER is a registered trademark, property of the Company. The subscription to a Subscription or the purchase of a Product does not give the customer the right to use the trademarks and intellectual property elements used on the Site.
All elements of the Site, whether visual or audio, texts, layouts, illustrations, photographs, documents, and other elements, including the underlying technology, are protected by copyright, trademarks, and patents. Any total or partial reproduction of the elements accessible on the Site is strictly forbidden.
Article 12: Applicable law - Disputes
For all disputes or litigation to which the present GTCS could give rise, exclusive jurisdiction is attributed to the competent court of the jurisdiction of the Court of Appeal of Paris. The present GTCS is subject to French law.
ARTICLE 13: Retention of title clause
THE PRODUCTS SOLD DO NOT BECOME THE PROPERTY OF THE CLIENT UNTIL THE COMPANY HAS RECEIVED THE FULL AMOUNT OF THE AGREED PRICE, IN APPLICATION OF ARTICLE L621-122 OF THE COMMERCIAL CODE, UNLESS A SPECIAL AGREEMENT HAS BEEN CONCLUDED BETWEEN THE COMPANY AND THE CLIENT.
