TERMS AND CONDITIONS

I- PREAMBULE

MALE IDENTITY publishes this website intended to sell underwear, swimwear and sportswear and other men's fashion accessories. These general conditions of sale are applicable to all sales made on the MALE IDENTITY site (the Site). By placing an order on the Site, you unreservedly accept the General Conditions of Sale and agree to comply with all of its provisions. By this acceptance, you contract with the company NCB GROUP, SAS with a capital of 3,000 euros registered with the RCS of Paris under the number 852 505 940, whose registered office is at 1 bis Rue Mornay, 75004 Paris. These general conditions of sale can be modified at any time without notice.

https://male-identity.com/pages/cgv in a computer format allowing them to be printed and / or downloaded, so that the Customer can reproduce or save them.

 

II- PRODUCTS AND CONFORMITY

The Products offered for sale are presented on the MALE IDENTITY website and accompanied by a description. The Products offered by MALE IDENTITY comply with the standards applicable in France. The elements such as in particular photographs, texts, graphics as well as all the information illustrating and / or accompanying the Products are not contractual, which the Customer recognizes.

Consequently, MALE IDENTITY cannot be held liable in the event of any error or omission of any of these elements or in the event of modification of said elements by suppliers and / or publishers.

 

III- FORMATION OF THE CONTRACT

The sales contract is made up of the General Conditions of Sale in force at the time of the order and the purchase order. Your agreement concerning these General Conditions of Sale does not require a handwritten signature, insofar as you place an order on the Internet. Unless proven otherwise, MALE IDENTITY's computer records prove your orders and payments. Your order will only be taken into account after acceptance of payment by MALE IDENTITY. The contract is subject to French law.

 

IV- OBLIGATIONS OF THE CLIENT

The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.

The Customer undertakes to communicate to MALE IDENTITY the elements of real information necessary for the performance of the service subject to these conditions as requested online and according to his situation, including his name, first name, address, telephone and valid email.

The Customer is responsible for the consequences arising from false or inaccurate information transmitted or the recovery of which would be illegal.

Once the order has been placed, MALE IDENTITY sends the Customer an e-mail confirming it. He informs him of the shipment of the Products.

 

V- ORDER

All orders will only be confirmed after acceptance of payment. MALE IDENTITY reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order. MALE IDENTITY can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.

If, despite MALE IDENTITY's vigilance, the products are unavailable, MALE IDENTITY will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if necessary, the sums already paid.

Definitive or temporary unavailability cannot in any case engage the responsibility of MALE IDENTITY, any more than it can not open any right to compensation or damages in favor of the Client.

 

VI- PRICE

The prices are indicated in euros all French taxes included, excluding participation in shipping and packaging costs. The customer can choose to display the prices in the currency of his choice. In this case the prices displayed in the chosen currency are given as an indication according to the conversion rate of the day and the customer will be debited in euros. Any bank charges are the responsibility of the customer. Orders delivered outside the European Union are exempt from VAT on products and transport. Any duties and taxes at the entry of the territory are chargeable to the customer. The prices indicated on the Site can be modified at any time. The prices invoiced are those in force at the time of the order. Promotions are valid for the period indicated on the Site, subject to acceptance of the order by MALE IDENTITY, your payment, and while stocks last.

 

VII- DELIVERY

MALE IDENTITY delivers its Products in France, all the countries of the European Union, USA, Canada and can on request deliver in any country.

The products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made either to hotels or to PO boxes. The delivery times indicated on the Site are indicative times, corresponding to the average times for processing and delivery. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as in particular: street, building, staircase number, access codes, names and / or intercom numbers, etc.).

In the event of damaged packages (already opened, missing products, etc.), the Customer agrees to immediately notify the carrier and MALE IDENTITY by all means, all reservations within 3 days of receipt of the product.

MALE IDENTITY cannot be held responsible for the consequences due to a delay in delivery which is not caused by it.

The availability indicated on the Site is indicative and does not guarantee the allocation of your order. Delivery times may vary in the event of an external event (storm, snow, blockage of transport routes, etc.).

Metropolitan France and Corsica

Standard delivery by La Poste in mainland France is made in 4 days * subject to validation of your order. This period is understood to be working days, that is, excluding Saturdays, Sundays and public holidays. Standard delivery is free in mainland France and Corsica from 75 € purchase. If your order does not reach 75 €, it will be invoiced to you 4.50 € for delivery to a relay point (Mondial Relay), 5 € for home delivery and 6 € for Express delivery to a relay of your choice (Chronopost).

Express delivery by Chronopost in mainland France (excluding Corsica) is made the following day before 1 p.m., subject to validation of your order before 10 a.m. This period is understood to be working days, that is to say excluding Saturdays, Sundays and public holidays. Delivery by Chronopost is invoiced at 12 € (service not offered for Corsica).

Overseas and International

We We deliver Overseas: Orders delivered overseas are exempt from VAT on products and transport. Standard delivery is free from € 100 of purchases, if your order does not reach € 100, you will be charged € 10 for home delivery. We deliver to the countries of the European Union. Standard delivery is free from € 100 of purchases. If your order does not reach € 100, you will be billed € 7.90 for delivery to a relay point (only available for Belgium / Luxembourg / Spain), and € 8 for home delivery in all the countries of the European Union. We deliver to Canada and the United States: standard delivery is free for purchases over € 100. If your order does not reach € 100, you will be charged € 12.

* Deadlines given for information only

 

VIII- DELIVERY OPTIONS

Gift package

Your order is packaged in a gift package and accompanied by a personalized message. This option is invoiced at 5 euros including tax.

 

IX- PAYMENT

All orders are payable in euros. Payment is made online using the secure Stripe Payment system. The accepted payment methods are credit cards CB, Visa, Eurocard Mastercard, e-Carte Bleue. At no time do we have access to bank card data.

Male identity does not accept payment by check. The customer must go to the other means of payment offered. 

No cash on delivery will be accepted, whatever the reason.

MALE IDENTITY retains ownership of the article until full payment by the Customer. Purchases are made securely. The payment solutions adopted by MALE IDENTITY are 100% secure. For payments by bank card (credit card, visa credit card, Eurocard Mastercard and e-credit card), all the information that Customers communicate to MALE IDENTITY is strictly protected and guarantees the compliance and security of each transaction.

As part of the fight against fraud, we may ask you to justify your identity, your domicile, and the means of payment used. In this case, the processing of your order will take place upon receipt of these documents. In the absence of receipt of these supporting documents or in the event of receipt of supporting documents deemed non-compliant, the order may be canceled and the account blocked.

3D Secure

As part of the fight against Internet banking fraud, we may ask you to authenticate yourself when paying by credit card with the 3D Secure system. 3D Secure is an authentication payment system which makes it possible to strengthen the security of your purchases at MALE IDENTITY. At the time of payment, your bank verifies your identity with an authentication code before validating the transaction.

This code is provided to you by your bank. Please contact your bank to find out the authentication procedure it applies (however, this is most often a unique code sent by SMS).

 

X- GIFT CARD

The gift card can be charged from 30 to 150 euros anc can be used to pay for all purchases on male-identity.com, except for the purchase of another gift card. The web code given when purchasing the gift card will be requested when you use it to pay for your purchases on the Internet. The gift card is valid for 1 year from the date of issue, non-exchangeable, non-refundable. It can be used within the limit of its value and can be supplemented by another means of payment. If your purchase does not reach the amount available on the card, the balance remains usable.

 

XI- EXCHANGES, RETURNS AND REFUNDS OF PRODUCT (S)

RIGHT TO RETRACT

The Customer has a period of fourteen (14) days to exercise his right of withdrawal, without having to justify his decision or bear other costs than those provided in articles 221-18 et seq. of the new Consumer Code. The Customer will return or return the products to MALE IDENTITY or to a person designated by the latter, at the latest, within fourteen days of the communication of its decision to withdraw.   The consumer only bears the direct costs of returning the goods.

The Customer will inform MALE IDENTITY of its withdrawal decision by sending it an e-mail to the following address: returns@male-identity.com, before the expiration of the above-mentioned period of 14 days, the withdrawal form available at the address following: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397

RETURNS

Within thirty (30) days of receiving the order, the Customer may request MALE IDENTITY to return the Product (s).

The return is at the risk of the Customer. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied if possible by the delivery slip received in the order.

FREE RETURNS

The return costs are offered to the Customer if he chooses to be reimbursed in the form of a voucher. In the case of a free return in the form of a voucher, The Customer is offered two options for return to customer service:

  1. Return by mail
  2. Return by mondial-relais

MALE IDENTITY then provides a prepaid label when requesting a return.

Vouchers are valid for twelve (12) months from their issue. Vouchers are neither refundable nor exchangeable. The voucher will be sent in the form of an electronic gift card to the email address provided by the customer, at the latest within 14 days of receipt of his return.

This offer is valid for returns made from Metropolitan France and Corsica. 

RETURNS ON REFUND

From Metropolitan France and Corsica, MALE IDENTITY offers two options: Mondial Relay or Colissimo. In this case, customers will receive a prepaid return label which they will have to print and stick on their package. The cost of the prepaid label (4.50€ for a return via Mondial Relay and 6.50€ for a colissimo return) will be deducted from the refund.

From the French overseas departments and territories or another country of the European Union, the Customer must return the Product (s) at his expense to the following address:

NCB GROUP SAS - MALE IDENTITY
1 bis rue Mornay
75004 Paris
France

In the event that the Customer has received a product with a manufacturing defect or that does not correspond to the initial order, he must contact customer service at service-clients@male-identity.com to obtain a prepaid return slip .

If the Client does not comply with these conditions, in particular the return conditions, MALE IDENTITY cannot refund or issue a credit for the Products concerned.

RETURN PROCEDURE

FROM METROPOLITAN FRANCE AND CORSICA

The article must imperatively be returned in its packaging and its original condition, new, unworn, unwashed.

For any return, the customer must send an e-mail to the following address returns@male-identity.com mentioning:

- the order number,
- the reference of the returned item and the reason,
- the type of reimbursement,
- the return method: La Poste or Mondial Relay
The Customer will receive by e-mail a prepaid return slip to stick on your package to make the return.

In the case of an exchange, you will have to follow the free return procedure and place a new order.

RETURN PROCEDURE FROM A COUNTRY OUT OF METROPOLITAN FRANCE AND CORSICA

The article must imperatively be returned in its packaging and its original condition, new, unworn, unwashed.

For any return, the Customer must send an e-mail to returns@male-identity.com mentioning:

- the order number,
- the reference of the returned item and the reason,
- the type of reimbursement,
Once the request has been validated, you must return the item (s) at your expense to the following address:

NCB GROUP SAS - MALE IDENTITY 
1 bis rue Mornay
 
75004 Paris
 
France

Your credit or refund will be made within 14 days of receiving your items and automatically to the account associated with the bank card used during payment. In the case of payment by bank transfer, we will contact you to define the means of reimbursement. 

XII- GUARANTEES AND RESPONSIBILITY

MALE IDENTITY has, for all stages of access to the site, from the ordering process to the dispatch of the parcel or subsequent services, only an obligation of means. The responsibility of MALE IDENTITY cannot be engaged for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance to law and jurisprudence.

 

XIII- INTELLECTUAL PROPERTY

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).

This Site or any part of this Site must in no case be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of MALE IDENTITY.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of MALE IDENTITY.

The Customer is therefore required to respect these rights and may in no way use the brands appearing on the Site and on the Products where applicable, or register a brand which would be prejudicial to the holder of the rights, unless otherwise provided in the contract.

The same applies to all other intellectual property rights.

 

XIV- PERSONAL DATA

In the context of the use of the Site and its services, your personal or navigation data may be collected either directly from you, or indirectly (such as the URL of the links through which you have accessed to the Site, your access provider, your Internet Protocol (IP) address). In addition, your personal data collected is also necessary for MALE IDENTITY in order to open your account, manage your order and its follow-up, and if necessary, send you commercial offers by electronic means after express and prior agreement from you. As part of browsing the Site, cookies may be installed on your computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the Site, and are also intended to allow various measures of attendance.

Refusal to install a cookie may make it impossible to access certain services on the Site. The User is invited to consult the editor of their Internet browser in order to know the procedure to apply to deactivate cookies.

In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of the personal data concerning him appearing in the files of MALE IDENTITY. All requests must be sent by e-mail to: contact@male-identity.com or by post to the following address: MALE IDENTITY, NCB GROUP SAS, 1 bis Rue Mornay, 75004 Paris, FRANCE.

 

XV- CONTENT

MALE IDENTITY makes every effort to provide you with information (photos, text, content) as precise as possible on the Site, and to ensure the veracity of the elements presented coming from our partners. However, MALE IDENTITY cannot guarantee the absence of inaccuracies or differences that would result in particular from the nature of the Internet, the configuration of your computer or the fact of third parties who provide it with this information.
You are invited to contact MALE IDENTITY directly for any questions or confirmation. We remind you that you have a right of withdrawal as described in the article "XI- EXCHANGES RETURNS AND REFUND OF PRODUCT (S)".

 

XVI- COPYRIGHT

Reproduction or representation, in whole or in part, of pages, data and any other element constituting the Site, by any process or medium whatsoever, is prohibited and constitutes without authorization by the holders of the rights concerned, counterfeiting.

 

XVII- FORCE MAJEURE

In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.

In an express manner, are considered force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, inclement weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship.

All of the parties' obligations will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party.

 

XVIII. GENERAL PROVISIONS

XVIII-I: PARTIAL INVALIDITY OF A CLAUSE

If any of the stipulations of these conditions is declared null or not opposable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

XVIII-II: UPDATE

These general conditions can be modified at any time and without notice by MALE IDENTITY, the applicable conditions being those in force on the date of the order by the Customer.

These general conditions of sale are permanently accessible at the following address: https://male-identity.com/pages/cgv in a computer format allowing them to be printed and / or downloaded, so that what the Customer can reproduce or save them.

XVIII-III: APPLICABLE LAW - COMPETENT TRIBUNAL

These general conditions are subject to French law as regards the substantive rules as the rules of form. Any dispute must be the subject of a prior attempt to reach an amicable settlement.

In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding the plurality of defendants or third parties.

XVIII-IV: REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF 17 FEBRUARY 2005, CONSUMPTION CODE, CIVIL CODE)

Art. L. 211-4. of the Consumer Code

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Art. L. 211-5. of the Consumer Code

- To comply with the contract, the product must:

1 ° Be suitable for the use usually expected of a similar item and, where applicable:

- correspond to the description given by the seller and have the qualities that the latter presented to the Customer in the form of a sample or model;

- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12. of the Consumer Code

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the Customer would not have acquired it, or would have given a lower price, if he had known them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

You can contact MALE IDENTITY by email at: contact@male-identity.com

 

CGV updated on March 6, 2020.

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