Terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE FOR PSG MERCHANDISING ITEMS

1. FOREWORD

The following Terms and Conditions shall be applicable to all sales transactions concluded between:

  • The company PSG MERCHANDISING, a French Société par Actions Simplifiée (simplified limited liability company), with a capital of 40,000 Euros, registered in the Paris Trade and Companies Register under number B 451 680 458, located at 24, rue du Commandant Guilbaud – 75016 PARIS, France –Phone number +33 (0)1 47 43 71 24, intra-community VAT number FR 80451680458, (hereinafter “PSG MERCHANDISING”) and
  • Any consumer, as defined by French Law, acting exclusively on his/her own behalf (hereinafter the “CUSTOMER”) wishing to purchase one or several items by distance (hereinafter the “Order”), either via the PSG website located at www.boutiquepsg.fr (hereinafter the “Website”) or by phone.

The parties hereby agree that the relations between them shall be exclusively governed by the present General Terms and Conditions of Sale (hereinafter “Terms and Conditions”).

The CUSTOMER may print and consult the Terms and Conditions at any given time on the Website.

PSG MERCHANDISING reserves the right to adapt, modify or update its General Terms and Conditions of Sale at any time. In the event of any adaption, modification or update to the said Terms and Conditions, the terms valid on the day of the Order placement shall apply.

The following Terms and Conditions have been drafted in accordance with articles L.111-1, L.113-3 and L.121-19 et seq. of the French Consumer Code, notably the provisions relative to CUSTOMER information, prices and the terms and conditions for distance selling.

It is hereby specified that PSG MERCHANDISING shall in no way canvass customers or prospective customers by telephone.

2. ORDER

CUSTOMERS shall have the option of ordering in two different ways :

2.1 Online Order

Online Orders shall be validated upon completion of the following four steps :

a-Item selection

After clicking on the “ADD TO BASKET” icon and after having checked the details of the Order (item, quantity, size, color, price, etc.) on the basis of the references appearing on the French version of the Website, the CUSTOMER shall then confirm the choice of selected item(s) by clicking on the “CONFIRM MY BASKET” icon.

Information on item availability shall be provided once the items are selected for Order.

b-Identification

CUSTOMERS already registered in the CUSTOMER database, shall be asked to identify themselves by entering a login and personal password in the fields provided for this purpose on the Website.

Those CUSTOMERS not yet registered in the database, shall be asked to fill out the fields provided to this effect, entering their contact details with mandatory mention of the following: title, surname, first name, full delivery address, email and telephone number.

c-Confirmation

Before confirming the Order, the CUSTOMER shall have the possibility of checking the details and total amount due, as well as correcting any possible errors, before final acceptance.

After seeing the Order summary, the CUSTOMER shall confirm the Order by clicking on the “CONFIRM” button.

In any event, once the Order has been confirmed, PSG MERCHANDISING shall provide for acknowledgement of receipt either by email or any other suitable means, in accordance with the provisions of article L.121-19-2 of the French Consumer Code.

d-Payment

After confirming the contents of the Order, the CUSTOMER shall then finalize the confirmation by proceeding with payment.

The Order shall only be deemed final once the price for the corresponding item(s) has been settled. The account of the CUSTOMER shall be debited on the day of the Order.

The following means of payment shall be accepted: Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS, JCB and PAYPAL.

For payment by bank card, the CUSTOMER shall communicate the bank card number, along with the expiry date and the last three digits of the cryptogram on the back of the bank card, or in the case of American Express, the 4 digits appearing on the front of the card.

In order to secure online payments, the www.boutiquepsg.fr website uses SOGENACTIF secure payment by Société Générale and SIPS by ATOS, which both make use of the SSL (Secure Locket Layer) security protocol. All confidential data (16-digit bank card number, expiry date and cryptogram) are directly sent in encrypted format to the SIPS server, without passing via any of the physical devices of the PSG MERCHANDISING server.

The SOGENACTIF payment interface also makes use of 3D Secure technology. This is a system designed by the two bank card networks, Visa and MasterCard, to authenticate card-holders and prevent the fraudulent use of their bank cards. Beyond entry of the card number, expiry date and cryptogram, the 3D Secure system automatically redirects the CUSTOMER to a bank interface where a code or personal piece of information provided separately by the bank must be entered. Once authenticated, the transaction is then either authorized or refused by the bank.

Once the bank details are validated, the secure payment management system sends an authorization request to the bank card network.

The remote payment system then delivers an electronic certificate.

In accordance with the provisions of articles 1316 et seq. of the French Civil Code, it is this electronic certificate that shall serve as proof of the transaction date and amount, as well as the electronic archiving system set up by PSG MERCHANDISING. It is thus the dates and times contained on the server that shall serve as the official records for the parties.

CUSTOMERS must guarantee being full authorized to make use of the bank card provided for payment of the Order, there being sufficient funds accessible to cover all costs relative to the Order.

For all transactions, payment of the Order shall constitute signature and express acceptance of the sale with all that is included in the price.

2.2 Phone Order

a-Item selection

Phone orders shall be taken by an operator in French or English, by dialing +33 (0)969 322 162. This line shall be open from Monday to Saturday, from 11.00 am to 8.00 pm (UTC)

b-Identification

CUSTOMERS may check by telephone to see whether they are already registered in the CUSTOMER database.

If this is not the case, to create an account in the database, the CUSTOMER shall be asked to provide the operator with personal details including the following mandatory information: title, surname, first name, full delivery address, email and telephone number.

c-Payment

The following payment cards shall be accepted: Carte Bleue, VISA and MASTERCARD.

For payment purposes, CUSTOMERS shall be asked to communicate the 16 digits appearing on their bank card, along with the expiry date and last three digits of the cryptogram appearing on the back of the card.

CUSTOMERS must guarantee being full authorized to make use of the bank card provided for payment of the Order, there being sufficient funds accessible to cover all costs relative to the Order.

d-Confirmation

The Order shall be automatically validated upon communication of bank details by the CUSTOMER to the operator and shall be considered final upon settlement of the corresponding sales price.

The account of the CUSTOMER shall be debited on the same day as the Order.

3. ORDER CANCELLATION/REFUSAL

Failure of the CUSTOMER to comply with the obligations of the present Terms and Conditions, in particular any incident relative to the payment due on the Order, may lead to suspended access to the Website or phone sales service and even eviction from the CUSTOMER database depending on the gravity of the infringing act, without prejudice to any potential claims for damages that might be made by PSG MERCHANDISING.

Consequently, PSG MERCHANDISING shall reserve the right to refuse any order placed by a CUSTOMER with such a dispute pending.

4. ITEMS – DESCRIPTION AND AVAILABILITY

The items offered for sale are those whose photos and descriptions appear on the Website.

PSG MERCHANDISING shall strive to be as attentive and precise as possible in the presentation and description of the said items, within technical limits and in compliance with the best market standards.
Non-substantial errors may however appear on the Website, a possibility that the CUSTOMER shall recognize and accept.

In any event, should a delivered product be found to be non-compliant with its description on the Website, the CUSTOMER shall be entitled to invoke the terms of the “SATISFIED OR REFUNDED” clause.

Exceptionally, should items become fully or partially unavailable after the Order has been placed, the CUSTOMER shall be informed of this fact by email, with partial delivery or cancellation of the Order. In such a case, the CUSTOMER shall be refunded of the price of the ordered items within fourteen (14) days following the cancellation date of his Order.

5. PRICES

Prices are expressed in Euros and include the VAT rate applicable on the day of the Order.

PSG MERCHANDISNG shall reserve the right to modify these prices, notably the VAT rate, in the event of a charge increase or a blatant error.

In addition to the price of the ordered items, the CUSTOMER shall also be required to pay a set handling and delivery fee. This amount shall be communicated to the CUSTOMER before final confirmation of the Order.

The CUSTOMER shall also be responsible for the payment of costs incurred for access to the Internet and use of the Website, as well as calls made to +33 (0)969 322 162

6. DELIVERY

a-Place of delivery

Purchased items shall be sent to the delivery address indicated by the CUSTOMER during the Order process.

PSG MERCHANDISING has chosen Chronopost as its carrier.

Prices quoted for shipping and logistics are all VAT inclusive.

PSG MERCHANDISING shall deliver to metropolitan France, Corsica, DOM TOM and a large number of foreign countries, the list of which may be found in the Delivery section of the Website.

In the absence of the CUSTOMER at the time of delivery, an attempted delivery notice shall be left in the mailbox. The CUSTOMER shall then be required to fetch the parcel from the Post Office within fifteen (15) days of receiving the notice.

Beyond the above-mentioned period, the parcel shall be returned to PSG MERCHANDISING.

The customer service shall then contact the CUSTOMER to organize a second delivery upon the request and at the expense of the CUSTOMER. Without any response from the CUSTOMER within thirty (30) days, PSG MERCHANDISING shall proceed with a refund except for the customized items.

PSG MERCHANDISING shall not in any way be held liable for a delay or failed delivery if the address indicated by the CUSTOMER is false or mistaken, or if delivery proves to be impossible.

PO Box numbers shall not be accepted as addresses for delivery.

b-Delivery time

The delivery of ordered items shall take place at latest, within thirty (30) days following the Order date, subject to full settlement by the CUSTOMER of the price for the available items, unless another delivery date is specifically requested by the CUSTOMER before placing the Order, as well as prior to final confirmation thereof.

In this case, PSG MERCHANDISING shall provide the CUSTOMER with an estimated delivery period.

This period shall be mentioned for information purposes on the Order summary.

In the event of force majeure and notably in the event of a strike, delivery times may run over.

c-Performance of delivery

Delivery shall be considered as performed once the items have been handed over to the CUSTOMER, notably by the delivery service, with material proof of delivery recorded in a tracking system, such as the one used on the Website for the “Colissimo” and “So Colissimo” services by La Poste.

In accordance with the provisions of article L.121-19-2 of the French Consumer Code, deliveries shall be accompanied by a detailed invoice with the price of each of the items and the delivery fee charged to the CUSTOMER.

The CUSTOMER is hereby expressly informed that upon delivery, it shall be for the CUSTOMER to check the general condition of the parcel (spoilage, damaged packaging, etc.), ensuring that the items corresponds with the Order (quantity, etc.). Any problems or inconsistencies must imperatively be expressed in writing by the CUSTOMER on the delivery slip.

Any anomalies (spoilage, missing items relative to the Order form, broken or defectuous items, etc.) must imperatively be indicated within the 3 days following delivery, by use of the form available for this purpose in the Customer Service section of the Website.

PSG MERCHANDISING shall handle the claim by contacting the CUSTOMER and specifying the procedure to be followed in order to return the parcel.

7. SATISFIED OR REFUNDED

7.1 Right of withdrawal

In accordance with the provisions of article L.121-21 et seq. of the French Consumer Code, CUSTOMERS may exercise their right of withdrawal and request a refund of the Order within fourteen (14) clear days, without having to justify their reasons, by sending, the withdrawal form (which can be downloaded at www.boutiquepsg.fr, under the section “My account”, “Reimbursement”).

This time limit shall start to run from the date of receipt of the ordered items by the CUSTOMER. In the case of an order containing several items with staggered delivery, this time limit shall start to run from the date of receipt of the last item ordered.

In accordance with the provisions of article L.121-21-8 of the French Consumer Code the right of withdrawal for distance selling may not be exercised for goods that have been made according to customer specifications, are clearly customized, or which due to their nature may not be shipped back, are likely to deteriorate or rapidly pass their sell-by date.

 

In consequence, the CUSTOMER is hereby informed that the right of withdrawal shall not be applicable to items customized by request (e.g. match jerseys customized by flocking with a name or number or any other customer specification). However, this limitation shall not apply to items customized with the name and number of a player available on the Website.

In the case of a gift, the right of withdrawal shall remain the exclusive right of the CUSTOMER and may not be exercised by the recipient of the gift.

Returns following withdrawal shall be done subject to the conditions described in the article on “RETURNS”.

Refunds for returned items shall take place in accordance with the conditions described in the article on “REFUNDS”.

7.2 Non-compliance

CUSTOMERS shall be responsible for checking that parcel contents correspond with the Order.

PSG MERCHANDISING is held liable for any lack of conformity in the items making up the Order under the terms of Article L.211-4 et seq of the French Consumer Code and for any hidden defects in the thing sold, as provided for in Articles 1641 et seq of the French Civil Code.

Where the CUSTOMER acts under legal guarantee of conformity:

(A) he has up to two years from delivery of the items in which to take action;

(B) Subject to the cost conditions laid down in Article L.211-9 of the French Consumer Code, he can choose to have the faulty item(s) - as per the Initial Order - repaired or replaced. Pursuant to the provisions below, the seller shall effect the repair or replacement of the product(s) within fourteen (14) days after receiving the items ordered;

The CUSTOMER may request a refund for the items Ordered.

(C) he is not required to provide evidence that there is a lack of conformity in the items if such lack becomes apparent within the first six months following delivery of the items.

The legal guarantee of conformity applies independently of any commercial warranty that may have been given.

The CUSTOMER may choose to implement the guarantee against hidden defects in the items sold within the meaning of Article 1641 of the Civil Code. He can thus opt either for the sale to be rescinded or for a reduction in the purchase price, in accordance with Article 1644 of the Civil Code.

 

 

The CUSTOMER should state in writing the reasons for the non-conformity and send the letter to PSG MERCHANDISING.

Customized items (for example match jerseys customized by flocking with a name and number or any other customer specification) shall not be taken back or exchanged except if the Order is found to be non-compliant.

Returns for non-compliance with an Order shall be done subject to the conditions described in the article on “RETURNS”.

Refunds for returned items shall take place in accordance with the conditions described in the article on “REFUNDS”.

8. CUSTOMER CARE

For any queries regarding order tracking or customer care, PSG MERCHANDISING can be contacted at the following number:  +33 9.69.32.21.62 (non-surcharged call).

 

9. RETURNS – PROCEDURE AND COST

In accordance with the provisions of articles L.121-21 et seq.  of the French Consumer Code, requests for return or exchange must be made by a declaration at PSG MERCAHNDISING via the “My account” section of the Website within fourteen (14) days following the reception date of the items by the CUSTOMER or any third person designated by him.

PSG MERCHANDISING shall then provide, without delay, the CUSTOMER with the return shipping label used by its delivery partner.

Items shall be sent back by the CUSTOMER the earliest possible, and no more than fourteen (14) days following the date of communication of the declaration under the following conditions:

  • In the original packaging or any equivalent;
  • Complete (accessories, notices, etc.);
  • Clean and unworn;
  • Neither damaged, nor deteriorated;
  • Accompanied by the original invoice.

PSG MERCHANDING shall not refund or exchange any items returned after the given deadlines and according to the above-mentioned conditions.

It is also recalled that Customized items for the CUSTOMER shall not be taken back or exchanged.

Upon receiving the parcel, PSG MERCHANDISING shall judge the condition of the package. Should the return be refused by PSG MERCHANDISING, the items shall be returned to the CUSTOMER at the expense of PSG MERCHANDISING without the CUSTOMER being able to claim any compensation or right to a refund unless part of a subsequent guarantee claim on the sold items.

In the case of an exchange, if the returned items have been visibly used or damaged by an act of the CUSTOMER and this use or damage has made the item(s) unsuitable for sale, PSG MERCHANDISING may undertake actions to recover the corresponding cost from the CUSTOMER.

Items shall be returned to the following address:

NEOLOG
34 rue du Moulin Bateau
94380 Bonneuil sur Marne – France

Where a CUSTOMER has exercised the right of withdrawal, all return costs shall be covered by the CUSTOMER. For greater security, it is recommended that the item(s) be returned by registered mail with acknowledgement of receipt, or by Colissimo with follow-up, or by any other means which will enable the parcel to be tracked.

For non-compliant items, PSG MERCHANDISING shall cover return costs or refund the CUSTOMER for any costs incurred.

If an item received does not correspond with the Order, PSG MERCHANDISING shall cover the cost for the exchange and resending of the correct item(s).

10. REFUNDS

PSG MERCHANDISING shall undertake to refund all sums received within fourteen (14) days either by crediting the bank card that was used by the CUSTOMER to make the purchase or by bank transfer.

This time limit shall start to run from the earliest of the following two dates : (i) receipt of returned items by STP GENEVILLIERS, or (ii) receipt of a proof of the dispatch of the returned items by PSG MERCHANDISING.

11. GARANTEES

In accordance with the current law in force, PSG MERCHANDISING shall comply with its legal obligations relative to the provision of guarantees for items sold on the Website and contained in articles L.211-4 to L.211-13 of the French Consumer Code and articles 1641 to 1648 and 2232 of the French Civil Code.

These guarantees shall not apply for cases where certain pieces or items have been subjected to normal wear and tear, collective or professional usage, or damage caused by outside factors unrelated to the items.

12. PERSONAL DATA – PERSONAL DATA PROTECTION

The CUSTOMER shall guarantee the accuracy of all personal information provided.

PSG MERCHANDISING shall undertake to handle and preserve all personal information provided in accordance with the provisions of Law no. 78-10 of 6 January 1978 on Data Protection (Informatique et Libertés), amended in August 2004.

According to the provisions of the above-mentioned Law no.78-17 of 6 January 1978, the CUSTOMER shall have the right to access, correct and delete this personal information.

To exercise this right, a request may be sent by Internet to: psg@psg.tm.fr or by letter sent to :

PSG Service Marketing
53 avenue Emile Zola

92100 Boulogne Billancourt

 

All requests shall be handled by PSG MARKETING within seven (7) working days.

13. APPLICABLE LAW - DISPUTES

The present Terms and Conditions shall be governed by French law.

In accordance with the provisions of article L.133-4 of the French Consumer Code, in the event of a dispute, an out-of-court settlement shall be sought before any legal action is taken: the CUSTOMER can address his claim to the attention of PSG MERCHANDISING, sent by registered letter with acknowledgement of receipt within ten (10) days following the occurrence of the dispute. PSG MERCHANDISING shall promptly respond to it.

Failing an out-of-court settlement, any disputes arising on the basis of the present General Terms and Conditions of Sale shall be submitted for judgment before the French courts with the relative jurisdiction.

 

Paris, 2nd  April 2015

 

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