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Terms & Conditions


Preamble

 

Monsieurgolf.com the online store was set up by the company MONSIEURGOLF, which is the operator of this site.
Any order under a product appearing in the online shop of Monsieurgolf.com website constitutes acceptance of these terms prior.
Consequently, the consumer is fully aware of the fact that its agreement on the content of these conditions does not require the signature of this document, insofar as the customer wishes to order online the products presented in the framework of the shop website.
The consumer has the option to save or print these general conditions, provided that both saving and editing of this document are the sole responsibility of these terms and conditions that may be susceptible to changes. In this case, the conditions will be those in force at the site at the date of the order.
The online shop set up by the company MONSIEURGOLF through the website lists the following information:
- Legal notice for precise identification of the company Monsieurgolf;
- Presentation of the essential characteristics of the goods offered;
- Indication, in Euros (VAT) of goods prices and, where appropriate, delivery charges;
- Indication of payment, delivery or performance;
- The existence of a right of withdrawal;
- The validity of the offer or the price;
All this information is presented in French. The consumer states have full legal capacity to engage under these terms and conditions.
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Article 1 :
Full

 

These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. MONSIEURGOLF for its part undertakes to respect his role as dealer under those conditions.
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Article 2 :
Subject

 

These terms are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company MONSIEURGOLF the consumer.
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Article 3 :
Contract Documents

 

This contract contains the following contractual documents, presented in descending order:
these Terms;
the order.
In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of a higher precedence.
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Article 4 :
Entry into force - length

 

These conditions come into force on the date of signing the purchase order.
These conditions are concluded for the time necessary for the provision of goods and services purchased, until the expiry of the guarantees.
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Article 5:
Order validation and electronic signature (Act of 13 March 2000 on electronic signature.)

 

Any order signed by the consumer "double click" constitutes an irrevocable acceptance which can not be questioned only in limited cases provided for in these general conditions of sale as "right of withdrawal" and "out of stock.
The "double click" associated with the authentication and non repudiation and integrity protection of messages is an electronic signature. Cette signature électronique a valeur entre les parties comme une signature manuscrite. This electronic signature has value between the parties as a handwritten signature.
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Article 6:
Order Confirmation

 

The contractual information will be confirmed via e-mail. Some orders are subject to control by our audit. In this case you will be informed by mail of documents to send to get the final confirmation of your order. MONSIEURGOLF reserves the right to cancel the order in case of non receipt of these documents or receive documents deemed non-compliant.
All orders paid by check or money order will be processed upon receipt of payment method. The periods of availability as shipping are recalculated from the date of receipt of payment method.
MONSIEURGOLF recommends the customer to keep a paper trail in electronic or reliable data on the order.
The customer must verify the completeness and compliance information provided to MONSIEURGOLF. The latter can not be held responsible for any data entry errors and the consequences in terms of delays or misdelivery. In this context, all costs incurred for the return will be borne by the customer.
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Article 7:
Proof of the transaction

 

The records stored in computer systems company MONSIEURGOLF in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
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Article 8:
Product information

 

8-a: MONSIEURGOLF company presents on its website to sell products with the characteristics required to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking control of the essential characteristics of the products he wants to buy.
8-b: The offers presented by the company MONSIEURGOLF are valid only within the limits of available stocks. MONSIEURGOLF reserves the right to change the product mix within the constraints imposed by its suppliers.
8-c: The products are conform to French legislation and standards applicable in France. The photographs, text, graphics information and characteristics reproduced and illustrating the products are not contractual. Consequently, the responsibility MONSIEURGOLF is not responsible for any error or omission in any of these photographs, text or graphics information and characteristics of products or in case of changing the characteristics of products by suppliers.
8-d: MONSIEURGOLF can not be held liable for breach of contract in case of stock or product unavailability, force majeure, disruption or total or partial strike of postal services and transport and / or communications, flood, fire. MONSIEURGOLF not be liable for all damages because of this, business interruption, loss of profit, loss of chance, damage or expense that might arise from the purchase of products. MONSIEURGOLF not responsible for any loss of data, files or damage in the previous paragraph.
8-e: The total or partial inability to use such products due to incompatibility of equipment can give rise to any compensation or reimbursement or because of the responsibility Monsieurgolf, the client remains the sole judge of accounting Products ordered with those already in its possession.
8-f: Hypertext links to other sites that the site "monsieurgolf.com. MONSIEURGOLF disclaims any liability in the case where the content of these sites violate the laws and regulations.
8-g: MONSIEURGOLF guarantees the Purchaser in respect of latent defects affecting the products supplied as part of a replacement for defective products or parts by making them fit for use, or reimbursement without being seen by Buyer to be responsible for any harmful consequences that could result in hidden defects.
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Article 9 :
Price

 

Prices are quoted in Euros and are applicable only to the date of sending confirmation of the order by the consumer.
They do not include delivery charges, billed at cost, and indicated before the final confirmation of the order. MONSIEURGOLF reserves the right to charge the consumer, below a certain level of command, a contribution to postage. This threshold and the requested participation are clearly stated on the site Monsieurgolf.com.
The prices include the VAT applicable on the date of the order and any change to the rate of VAT will be automatically reflected in the price of the products listed on the site, the date stipulated by the decree.
Full payment must be made when ordering, unless specific offer listed on the site. At no time, payments can not be considered as a deposit or deposits.
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Article 10 :
Payment method

 

To set the order, the consumer has, at its option, all payment methods listed in the order, namely: credit card, check or money order.
When paying by check, it must be issued by a bank domiciled in France. All orders paid by check or money order will be processed upon receipt of payment method. The periods of availability as shipping are recalculated from the date of receipt of payment method.
Cheques and payment by credit card are cashed upon confirmation of the order.
The consumer provides the company MONSIEURGOLF it has the required permission to use the payment method chosen by him, while validating the order.
The company MONSIEURGOLF reserves the right to suspend any order and the delivery in case of refusal to authorize payment by credit card by certified financial institution or in case of nonpayment.
The company MONSIEURGOLF specifically reserves the right to refuse delivery or to deliver an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is currently being administration.
MONSIEURGOLF society has established a procedure for verification of orders intended to ensure that no one is using the bank details of another person without his knowledge. However, the consumer is notified that MONSIEURGOLF can not be held responsible for any embezzlement or fraudulent use of any means of payment which was not detected by the verification procedure.
As part of this audit may be asked to address the customer by fax or mail to the company MONSIEURGOLF a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts delivered. Failing receipt of such documents within 15 days of ordering, it will be deemed void as of right.
MONSIEURGOLF retains full ownership of the goods sold until full receipt of all sums owed by the consumer under its control, including fees and taxes.
The transfer of ownership of property purchased by the consumer MONSIEURGOLF to a third person will not be supported by society MONSIEURGOLF.
Only the original purchaser of the property is entitled to access the provisions of these terms and conditions.
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Article 11 :
Product Availability

 

The order will be executed no later than within 30 days from the day following that on which the consumer's order was finally confirmed (by payment received and order verification procedure performed).
In case of unavailability of the ordered product, especially because of our suppliers, consumers will be informed at the earliest and will be able to cancel his order. The consumer will then have the option of requesting either a refund, if any, paid within 30 days before they are paid or an exchange of product features and price equivalent if MONSIEURGOLF is able to get the available.
If unable to exchange MONSIEURGOLF reserves the right to cancel the customer's order and refund monies paid.
Information on the availability of products are provided by our suppliers, unavailability of the product does not engage the responsibility of MONSIEURGOLF or entitlement to damages for the client.
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Article 12 :
Shipping Terms

 

The products are delivered to the address specified by the customer on the order form.
The customer must verify the completeness and compliance information provided to MONSIEURGOLF. The latter can not be held responsible for any data entry errors and the consequences in terms of delays or misdelivery. In this context, all costs incurred for the return of the order will be fully borne by the customer.
MONSIEURGOLF can not be held responsible for delays in delivery due to errors or disruptions due to carriers (or partial strike of postal services and transport and / or communications).
The consumer is responsible for checking the condition of the packaging of the goods upon delivery and report any damage to the carrier on the delivery, and the company MONSIEURGOLF within two business days.
The consumer will be notified by mail of an impending shipment on an order. In case of late delivery of more than three days from the date we've indicated in the mail from, we suggest checking with the carrier that the package is not pending, then, if appropriate, We report the delay in calling us by phone or by sending us an email.
We will then contact the carrier to start an investigation. If within 7 working days, your package was not found, we'll send you a replacement at our expense. If the ordered products were not available at this time, we will refund the amount of products affected by the loss of carrier.
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Article 13 :
Delivery problems due to carrier

 

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken product ...) must be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the client.
In the case of a dispatch by the Post if the package arrives damaged or opened (especially with the presence of yellow tape "Post") it is essential that the customer establish the factor or the post office which he depends on a "damage report" (report 170) so that Monsieurgolf can open an investigation and compensation procedure.
The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims.
The consumer must send concurrently a copy of this letter (with the original "damage report" as applicable) by mail to: MONSIEURGOLF, Customer Service, 49 chemin de Lasbordes - 81000 ALBI.
Any claims received after the deadline will be rejected.
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Article 14 :
Delivery error - Nonconforming Product

 

14-a: The consumer must make to society MONSIEURGOLF same day delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or quality compared to the entries on the order form. Any claims submitted after this deadline will be rejected without recourse.
14-b: The formulation of this claim from the company MONSIEURGOLF can be made:
- By logging on our website under "contacts" where you can ask your question or make a request.
14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from liability MONSIEURGOLF overlooked consumers.
14-d: a receipt of the complaint, the company will assign a number MONSIEURGOLF return the product (s) (s) concerned and shall communicate to the consumer. The return of a product can take place only after the award of this agreement number according to the approach outlined above.
14-e: All products for exchange or refund must be returned within 8 working days of receipt of the agreement back to society MONSIEURGOLF in its entirety (including attachments and references) and in its original packaging in perfect state, Colissimo insurance covering the value of goods returned to the following address: MONSIEURGOLF - 49 chemin de Lasbordes - 81000 ALBI - France. To be accepted, any return will be reported prior to Customer Service Company MONSIEURGOLF. The return number given will be visible on the packaging and return the return form printed slipped Inside the parcel.
The shipping costs advanced by the consumer will be reimbursed by the company MONSIEURGOLF (on evidence and within the cost of a shipment via priority air mail), except where it would prove that the product does not match the declaration of origin made by the consumer in the right of return.
Failure to comply with the above procedure no claim for non-compliance or defect of the delivered products may not be accepted.
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Article 15 :
Right of withdrawal

 

MONSIEURGOLF gives the consumer a cooling off period of 15 calendar days to return, at its expense, the products do not suit him. This period starts from the date of delivery of the order of the consumer. All returns must be reported prior to the Customer company MONSIEURGOLF: - by logging on our website under "contact" where you can make your approach. A return number will be assigned to the product. The product should be returned Colissimo insured value of the goods. In all cases the return at their own risk of the consumer.
MONSIEURGOLF recommends that consumers make the return of its products colissimo provided a recommendation or guaranteeing additional insurance, if any, compensation for products in proportion to their actual market value in case of theft or loss of the goods.
MONSIEURGOLF recommends that consumers over-packing the original packaging of its products because only products returned will be in full (accessories, bag etc..) In their original packaging, all of which should be intact and perfect condition for resale.
Any product that was damaged, incomplete, or whose original packaging has been damaged, will be refunded or exchanged.
This right of withdrawal is without penalty, except for transportation costs that are charged to the consumer. Assuming the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid or an exchange for an amount equal to the sums paid or, where appropriate, with additional bank charges re-dispatch remains the responsibility of the consumer.
Upon exercise of the right of withdrawal, MONSIEURGOLF will make every effort to reimburse the consumer within 30 days. However, given the technical nature of some goods, this period may be extended to 45 days, especially when the product needs a technical audit by the VAS of Monsieurgolf (these products to be tested beforehand).
The consumer will then be repaid by re-appropriation of his bank account (secure transaction) if paid by credit card or check in other cases.
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Article 16 :
Product Warranty

 

According to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which requires the seller to guarantee against all the consequences of defects of the thing sold . This clause is applicable only in the context of a comprehensive settlement of the order.
The consumer is expressly informed that the company MONSIEURGOLF is not the producer of the products featured in the website, within the meaning of Law No 98-389 of 19 May 1998 concerning liability for defective products.
Accordingly, in case of damage caused to any person or property by a defective product, only the liability of the producer thereof could be sought by the consumer, on the basis of information on the packaging of the product.
The conditions and the manufacturer warranty period are those listed on the products listed on the site at the time of order.
In the case of a defective product during the warranty period, customers are invited to contact the customer service which will indicate the procedure for returning the product. No returns will be accepted without prior agreement materialized by issuing a number and a good return agreement. This agreement is valid for a return period of 8 days. As his award, the defective product must be returned to MONSIEURGOLF in its original packaging, complete (with instructions, accessories, etc..), All protected by an over-packaging showing a visible indication of the number of return communicated by Monsieurgolf, the return form is enclosed in the package prior to shipment.
All costs and risks associated with returning the defective product are charged to the customer.
All product whose warranty period is expired will not be supported by MONSIEURGOLF.
MONSIEURGOLF recommends that consumers check with good customer service or the manufacturer, before making an application for return under warranty, if the latter is provided by the VAS MONSIEURGOLF.
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Article 17 :
Tax Refund

 

For all products that consumers are planning to ship outside the European Union and overseas territories, obtaining a bill of export sales from our services will enable him, after removal of the component rose by Customs, to obtain reimbursement of the VAT rate of the product or the corresponding command. We recall that the price calculated and stated on the invoice will be inclusive of all taxes. We invite consumers to pre-inspect and control all the conditions required to qualify for a tax refund of its goods through the following link.
If the consumer meets all requirements of the customs, he must make his application for a bill of sale for export by fax from us and with it a copy of both sides of identification (passport, identity card, registration card of the consulate, etc.).
As part of the relocation of an order or a product to a country other than France, we remind you that you remain the importer of the goods concerned. All customs duties, other local taxes, import duties or State taxes may be payable will not be part of the spring MONSIEURGOLF. It is your responsibility sole responsibility to check with local authorities and take care of returns and related payments to the authorities and agencies of the countries concerned.
The responsibility MONSIEURGOLF can not be held liable for failure to comply with the laws of the country where products will be transported by the consumer. It is for the consumer to check with local authorities the possibility to import or use of products or services it intends to deliver, to ensure that their technical characteristics and operation in the constructor respect the law country.
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Article 18 :
Force Majeure

 

Neither party has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which could not be prevented by them, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware.
Both parties will then, within one month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued.
If the case of force majeure lasts longer than three months, these terms may be terminated by the aggrieved party.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals:
blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning;
stop telecommunication networks or difficulties specific to telecommunication networks to external customers.
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Article 19 :
No partial validation

 

If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
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Article 20 :
No waiver

 

The failure of either party not to claim a breach by the other party to any of the obligations under these Terms shall be construed in the future as a waiver of the obligation question.
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Article 21 :
Title

 

In case of difficulty in interpretation between any of the securities mentioned in the headings of the clauses, and one of the clauses, the titles will be declared nonexistent.
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Article 22 :
Applicable Law

 

These general conditions are subject to French law. This is so for the fund rules as to the rules of form.
In case of dispute or claim, the consumer should first contact the company Monsieurgolf for an amicable solution.
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Article 23 :
Computer and Freedoms

 

In accordance with the Data Protection Act dated January 6, 1978, you have a right to access, rectify, modify and delete data concerning you. You can exercise this right by sending an email to the following address:
Monsieurgolf, Privacy Service, 49 Chemin de Lasbordes, 81000 ALBI, France.
The automated processing of personal data on the site Monsieurgolf.com was registered with the National Commission for Computing and Liberties.
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Article 24 :
Legal Mentions

 

The site "Monsieurgolf.com" is a publication of Monsieurgolf LLC, limited liability company with capital of € 7 500 registered in the register of commerce and companies of Albi (81) as Number 453 030 900.
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