Article 1. Fields of application
The site allows MAC to offer clothing products for sale (the “Products”) to Internet users browsing the site (hereinafter the “customer”).
Part of our site operates on a pre-order system. By placing a pre-order, the customer acknowledges that if the pre-order target mentioned on each pre-order product sheet is not reached by the end of the pre-order deadline, the customer will be refunded the entire purchase (excluding delivery costs), and production of the pre-ordered item will not be launched. Since production is limited, if the customer purchases a product in stock, they acknowledge that they may not change size after receipt. If the customer wishes to be refunded for an order placed as a pre-order or in stock and requests it, the refund procedure will be initiated immediately upon receipt of the returned item. Any order or pre-order (hereinafter the "orders" or "pre-orders") for products appearing on the site requires prior consultation of these general terms and conditions (the "GTC") and their unconditional and irrevocable acceptance. Consequently, the customer acknowledges being fully informed of the fact that his agreement regarding the content of these T&Cs does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the site's store. The customer declares that he has the capacity to conclude this contract, that is to say, to be of legal age, eighteen (18) years old, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these T&Cs.
MAC reserves the right to adapt or modify these T&Cs at any time. It is agreed that in the event of modification, the version of the T&Cs applicable to any order or pre-order is the one appearing online on the site on the day the order is placed.
These general terms and conditions of sale (hereinafter referred to as "the GTC") apply to any order placed on the website www.blue-cult.com (the "site") relating to the purchase of products presented on the site (hereinafter referred to as "the products") by the Société Méditerranéenne d'achat et de création société par actions simplifiée Unipersonnelle with capital of 2000 euros, whose Head Office is located at 18 traverse de pomegues, 13008 Marseille and registered with the RCS of Marseille under number 912 914 074 RCS Marseille , intra-community VAT number FR 02 912914074 (hereinafter referred to as "MAC"). The MAC Company reserves the right to adapt or modify these general terms and conditions of sale at any time, the version of the general terms and conditions of sale applicable to any transaction being that appearing online on the website www.blue-cult.com at the time of the order.
Article 2. Products
In accordance with Article L. 111-1 of the Consumer Code, MAC presents the products for sale and their characteristics on the site. The customer has the possibility of knowing, before the final order is placed, the essential characteristics of the products he wishes to purchase.
The in-stock offers presented by MAC are only valid while stocks last.
The pre-order offers presented by the MAC company are only valid within the limit of the time available and the quantity offered for pre-order.
The photos representing the products are for information purposes only. These photos, like the texts illustrating the products, do not enter into the contractual field.
Article 3. Prices
The prices listed on the site are indicated in euros including tax and are only valid on the date the order is validated by the customer. MAC reserves the right to modify them, without notice, at any time, it being understood that the invoicing of the products will be based on the prices in effect at the time the order or pre-order is registered.
Prices do not include delivery costs, which are charged in addition and indicated before the order or pre-order is validated. Prices include the VAT applicable on the day of the order or pre-order and any change in the applicable VAT rate will be automatically reflected in the price of the products listed on the site. Payment of the full price must be made when ordering or pre-ordering. At no time may the amounts paid be considered as deposits or down payments. These prices are guaranteed subject to typographical or printing errors.
The price of products shipped outside the European Union and DOM-TOM will be calculated excluding taxes. In this case, the customer is considered the importer of the products. In the event of customs duties, import taxes or other charges applicable due to the geographical destination of the products, these costs are the responsibility of the customer, who is recommended to carry out the necessary checks and procedures prior to validating their order.
Article 4. Payments
The products are payable in euros on the day of the actual order. To pay for their order, the customer has only one means of payment; the bank card.
The customer communicates the number of his bank card, associated with its expiration date as well as the numbers of the cryptogram appearing on the back of his bank card. In order to ensure the security of payments made online, the customer accesses a dedicated space made available by Shopify payments, which ensures the security and recording of the payment order and the security of the payment itself. In this regard, the customer expressly acknowledges that the communication of his bank card number to MAC Company through Shopify payments constitutes authorization to debit his account for the products ordered.
Accepted cards are: Visa, Mastercard, American Express, China Union Pay, Discover, Diners Club, JCB.
Regardless of the payment method used, MAC will cover the occasional bank charges incurred by the payment, up to the limit of the management fees charged by Shopify Payments. All payments are made via Shopify Payments. Any other charges, regardless of the reason, will be billed to the customer.
MAC reserves the right to suspend or cancel any order or pre-order and any delivery in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment. In particular, MAC reserves the right to refuse to make a delivery or to honor an order or pre-order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The delivered goods remain the property of MAC until receipt of payment. The transfer of risks to the customer takes place upon delivery of the products.
The computerized records, stored in MAC's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Payment in installments with Scalapay. If the customer pays for his order in installments, he accepts the general customer conditions of Scalapay . In particular, he can only pay in installments for purchases of €5 or more. This system is only available in France, Belgium, Germany and Italy.
You pay for your purchase in 3 monthly installments, without any interest or additional fees.
Article 5. Orders and pre-orders
Any order or pre-order will be confirmed when the customer clicks on the “order” button.
Confirmation of the order or pre-order implies acceptance by the customer of the General Terms and Conditions and the essential characteristics of the products.
As soon as the order or pre-order is registered, a confirmation email summarizing it (products, prices, product availability, quantity, etc.) will be sent to the customer by MAC. To this end, the customer formally accepts the use of email for MAC's confirmation of the content of his order. In any event, invoices are provided upon delivery.
In the event of a pre-order, the amounts paid in advance by the customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum goal of a pre-order campaign is not reached, MAC contacts the customer at the end of the campaign to announce its decision to refund or produce.
In this case, MAC must reimburse the customer within fourteen (14) days from the cancellation of the pre-order.
If the product is in stock, the order will be executed at the latest within 7 days from the day following the day on which the customer placed his order. In the event of unavailability of the product ordered, in particular due to suppliers, the customer will be informed as soon as possible and will have the possibility of canceling his order. The customer will then have the choice of requesting the exchange of the product within fifteen (15) days at the latest after receipt or of being reimbursed.
The refund will be made at the latest within fourteen (14) days following the cancellation of the order.
Article 6. Delivery
6.1 PLACE OF DELIVERY
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the customer's residential address or that of any other natural person of their choice, if this is clearly specified when ordering or pre-ordering. Delivery cannot be made to hotels or PO boxes.
When registering the customer's personal details, the customer must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's contact details, MAC cannot be held responsible for the impossibility of delivering the product(s).
6.2 DELIVERY TIMES
Delivery times are indicated when ordering. These are indicative times, expressed in working days and corresponding to the average processing and delivery times.
The customer acknowledges that, in the event of a pre-order, the delivery time will be extended. The estimated delivery time appears on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all pre-ordered products.
MAC cannot be held responsible for the consequences of a delay in delivery which is not its fault or which is due to an act of force majeure.
6.3 SPLIT DELIVERY
In the case of a pre-order with products with a different estimated delivery date, delivery may be made in installments based on these delivery dates.
In the case of a classic order, MAC tries as much as possible to deliver all the products of your order in one go and as soon as possible. However, MAC reserves the right to deliver the products of an order in stages in cases where for reasons of logistics or availability of products in stock a delivery in one go would be impossible. In such a case the customer will be informed by email and no additional shipping costs will be charged.
6.4 RECEIPT OF PRODUCTS
Delivery is deemed to have been made upon delivery of the products to the customer by the carrier, as evidenced by the control system used by the latter.
Upon receipt of the products, the customer is required to check the condition of the packaging of the goods and to report any damage caused to the carrier on the delivery note, as well as to MAC, within three (3) days by sending an email to or by sending a complaint on the contact form on our site.
The customer can, upon request, obtain an invoice sent to: bonjour@blue-cult.com
the billing address and not the shipping address.
Shipping costs are to be paid by the customer in France and worldwide. Return costs will be covered by MAC in the event of withdrawal or in the event of a return due to lack of conformity, except when the delivery address is not located in France. We will cover the return costs if necessary in France but they are the responsibility of our international customers, except in the case of non-conformity of a product, in which case we will cover the return shipping costs.
Article 7. Right of withdrawal
In application of articles L.221-18 et seq. of the Consumer Code, the customer has a period of fourteen (14) clear days, postmark serving as proof, from the date of delivery of the order to exercise his right of withdrawal on his order.
This period starts from the receipt of the products by the customer.
The customer must attach to his request for withdrawal a copy of the invoice or any other element allowing the identification of the order in question and its holder.
Only the customer identified as such with MAC can exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).
Article 8. Legal guarantee
The products sold benefit from the legal guarantee of conformity provided for by articles 211–4 et seq. of the Consumer Code and the guarantee of hidden defects (articles 1641 et seq. of the Civil Code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on MAC under this guarantee is, at its choice, the free replacement or repair of products recognized as defective without any other service or compensation.
This warranty does not cover damage resulting from improper use of the product, normal wear and tear due to its use or failure to follow washing and maintenance instructions. To benefit from the product warranty, it is essential to keep the product purchase invoice and delivery note.
Article 9. Return and refund
9.1 TERMS
Any exchange or return must be the subject of a declaration by the customer to MAC via the contact form on the site. Printed withdrawal forms are delivered in each package delivered to the customer.
The products must be returned by the customer no later than fourteen (14) days following the communication of his decision to withdraw.
The product must be returned by the customer in its original packaging and with the original label and in perfect condition (allowing re-marketing, having neither been worn nor washed), to request an exchange, refund or credit.
If the package is lost or damaged during product return, the cost of the damage is the responsibility of the customer.
Products that are not returned within the time periods and conditions referred to above will not be refunded or exchanged by MAC.
The return address is:
SAS DAT/SYMPL
For: Blue Cult
Quay 96
1, rue Jules Vallès
95670 Marly-la-ville
In accordance with Article L. 221-24 of the French Commercial Code, MAC undertakes to reimburse the sums collected for the order or pre-order within fourteen (14) days. This period runs from the first of the following two dates: (i) receipt by MAC of the returned products or (ii) receipt by MAC of proof of shipment of the products by the customer.
The refund will be made by crediting the customer's bank account corresponding to the bank card used to pay for the order or pre-order. If the customer has changed bank accounts, they must remember to give their new bank details to their old bank.
9.2 REFUSAL OF RETURN
The return will be refused and will not give rise to a refund in the following cases:
Article 10. Liability
MAC is only liable in the event of a breach of its contractual obligations under the terms of applicable legislation.
MAC cannot be held liable for any damage suffered by a third party resulting from the use of one of our products.
MAC cannot be held liable for any damage resulting from the customer's improper use of one of our products.
MAC is not responsible for any damages resulting from incorrect information on its websites.
Article 11. User Generated Content
Any content added to the site www.blue-cult.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of MAC.
MAC reserves the right to use it, to publish or not the content added by users and in any way whatsoever.
Article 12. Applicable law
These general conditions, as well as all disputes which may result from them, or which result from the use of the website(s) or from purchases made on the MAC websites, are governed by French law.
Article 13. Links to other sites
MAC is not responsible for the use or content of the websites to which it provides links.
MAC is not responsible for the use or contents of websites that provide a link to the BLUE CULT website.
Article 14. Data protection and freedoms
In order to provide the services offered on the site, MAC may be required to process personal data concerning you, in particular those which will have been collected when you register on the site, or when you place your order.
The information and data concerning the customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to the companies that participate in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also retained in order to pursue objectives of security, identification, improvement and personalization of services.
The customer has the right to access, rectify and oppose personal data concerning him at any time, under the conditions provided for by the law of January 6, 1978. To do this, simply send an email to the address: bonjour@blue-cult.com . The necessary measures will be taken immediately.
The customer may receive, from the BLUE CULT brand, offers relating to products or services similar to those or the one that has already been the subject of an order, or newsletters. He will have the option at any time to oppose them without charge for the future, according to the terms specified in each sending.
We invite you to consult our Privacy Policy for more information on the use of your personal data by MAC.
Article 15. Intellectual Property Rights
MAC is the owner or operator of the brand names, names, denominations, product titles, designs, models, photographs mentioned on the site www.blue-cult.com which are either registered trademarks or trademarks, or designs, models, works subject to intellectual property rights.
