Terms and Conditions

LEGAL MENTIONS

Updated 01-04-2022

The monsieurqueer.com website is edited by :

Shawn Moriarty – 97 rue de Charonne – 75011 Paris – France

E-mail : contact@monsieurqueer.com

SIRET : 908 245 574 00011

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The monsieurqueer.com website is hosted by :

DBA Consult/David Baissade

97 rue de Charonne 75011 Paris

Tel : +33(0)185090538

For the purposes of these Terms and Conditions of Sale, it is agreed that “You” or the “Buyer” refers to the person browsing the site and/or ordering products from the site; that “We” or the “Seller” refers to the person identified in the legal notice and that the Buyer and the Seller shall be collectively referred to as the “Parties” and individually referred to as the “Party”. 

TERMS AND CONDITIONS OF SALE

1. Acceptance of the General Conditions of Sale

The present contract is concluded between the Buyer and the Seller within the framework of a remote sale system. You declare that you have read and accepted, expressly and without reservation, these General Conditions of Sale before placing any order. You also declare that you have the full legal capacity to commit yourself under these Terms and Conditions of Sale and acknowledge that you are fully aware that the validation of your order constitutes an electronic signature which has the same value as a handwritten signature and is proof of the completeness of the order and the payability of the sums due in execution of the said order.

2. Products

The products offered for sale on the monsieurqueer.com site are those listed on the site on the day the Buyer consults the site and within the limits of available stocks. The products offered comply with current French legislation and with the standards applicable in France.

3. Prices

The prices are expressed in euro *Net of Tax and are the final price with the exception of shipping (*VAT not applicable according to article 293 B of the General Tax Code) (CGI).

This information will be stated on all invoices of sale.

The selling prices of the products can be modified by us at any time, but the products will be invoiced on the basis of the rates in force at the time of the validation of the order. 

4. Order

To place an order, the Buyer must first connect to the “monsieurqueer.com” site and click on the “SHOP” tab.

 A new page will then open containing a summary of the order (i.e. the name, size, quantity and unit price of each product as well as the total amount of the order including shipping costs) and inviting the Buyer to

– Pay by credit card: the Buyer will then have to communicate the requested information and in particular: country, types of payment, name, first name, address, postal code, city, telephone and e-mail. The Buyer must then click on the “continue” button to validate the payment of his order.

Once the order has been confirmed and payment validated according to the terms and conditions below, a summary of the Buyer’s order is displayed and mentions the order references.

An e-mail confirming the order is sent as soon as possible to the e-mail address provided by the Buyer and includes the following information

– the identity of the seller

– the identity of the buyer and the delivery address

– the reference of the order (receipt number)

– the summary of the order and the essential characteristics of the products

– the amount of the possible delivery charge

– the total amount of the order

Payment can be made by any of the following methods:

• Visa

• Mastercard

• American Express

• CB

• ApplePay

• GPay

5. Payment

The invoiced price is indicated on the order confirmation. The payment is made either by credit card or with the express checkout option with Apple Pay or Gpay and will be debited at the time of validation of the order. The products remain the exclusive property of the Seller until the payment of the totality of the price at the time of the order. 

You confirm that the credit or debit card being used is his or is being used lawfully. Please note that all credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorize payment, the Company will not be liable for any delay or non-delivery of merchandise. Company retains the legal ownership of all merchandise until full payment has been made by You and received by Company and legal ownership of the merchandise will immediately transfer back to the Company if the Company refunds any payment for the merchandise to You. Risk in the merchandise transfers to You upon delivery.

You are responsible for the provision of exact billing address, name and surname. Incorrect information may cause a delay in processing Your order.

6. Delivery

The products are delivered to the address you provided when you placed the order. Also, the Seller cannot be held responsible for the non-delivery of the order when the Buyer has provided erroneous information. The delivery times indicated are average times and correspond to the usual processing, shipping and delivery times. Sundays and holidays are not considered as working days.

In case of delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery date. It is up to the Buyer to inform the Seller of any delay in delivery, as soon as possible, at the following address: contact@monsieurqueer.com. The possible overtaking of delivery time does not give you the right to claim damages or to cancel an order in progress. The Seller cannot be held responsible for the consequences of a delay in delivery. 

However, if the maximum delivery time of thirty (30) days is exceeded, the Buyer will have the possibility of cancelling his order and requesting a refund. As of the exercise of the right of denunciation, the Seller undertakes to reimburse the Buyer, according to the method of payment used by the latter, within a maximum period of fourteen (14) days as of the receipt of the denunciation, and this, to the exclusion of any other compensation.

Each delivery is deemed to have been made as soon as the product(s) is (are) made available to the Buyer (direct delivery of the product to the addressee or delivery to a post office or relay point).

It is up to the Buyer to check the goods immediately. In case of doubt about the latter upon delivery (especially in case of a damaged package), you are required to refuse the package and report it to us, as soon as possible, by e-mail to the following address:

7. Withdrawal /Returns

We don’t offer returns and exchanges, but if there’s something wrong with your order, please let us know by contacting us at: contact@monsieurqueer.com

Refunds are only offered to customers that receive the wrong item/wrong size, damaged items or a printing error. If any of these apply, please contact us at: contact@monsieurqueer.com  with photos of wrong/damaged items and we’ll sort that out for you.

If you’re unsure which size would fit better, check out our sizing charts—we have one for every item listed on our store, in the product description section. Though rare, it’s possible that an item you ordered was mislabeled.

If that’s the case, please let us know at: contact@monsieurqueer.com  immediately after receiving your order. Include your order number and photos of the mislabeled item, and we’ll send you a new one, or issue a refund!

Return Policy

Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

Claims for the above reasons, which we consider to be due to an error on our part, will be handled at our expense. (Product ordered and shipping costs).

If there is a damaged item, misprint/defective item please notify us: contact@monsieurqueer.com

In case of a damaged/faulty item returns are sent back to our printing partner. Please contact us first at: contact@monsieurqueer so we can tell you how to proceed.

Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

Unclaimed – Shipments that go unclaimed are returned to our facility and you would be liable to pay the shipping costs if another order is placed.

Returned by Customer – Our printing facility does not accept returned items unless the item has a defect and/or is damaged and will not accept items that have  been sent back because of insufficient address. The information about any misprint or damaged item must first be brought to out attention at: contact@monsieurqueer.com

Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

1. the supply of goods that are made to the consumer’s specifications or are clearly personalized;

2. sealed goods which were unsealed after delivery and thus aren’t suitable for return due to health protection or hygiene reasons, therefore Printful reserves rights to refuse returns at its sole discretion.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

8. Legal guarantees

In accordance with Articles L. 211-4 and following of the Consumer Code, the Seller is obliged to deliver a good that conforms to the order placed.

Also, in accordance with article 1641 of the Civil Code, the Seller is bound by the warranty for hidden defects of the thing sold.

If the delivered product(s) do not conform to the products ordered by the Buyer or if they have any hidden defects, the Buyer must notify the Seller as soon as possible by e-mail (contact@monsieurqueer.com) or by registered letter with acknowledgement of receipt to the following address :

Monsieurqueer T-shirt Studio

Mr. Shawn Moriarty

97 rue de Charonne

75011 Paris

France

9. Intellectual Property

All the contents of the site www.monsieurqueer.com, in particular the texts, photos, titles, illustrations, brands and logos are our exclusive property and are strictly reserved to us. We remind you that any reproduction or total or partial representation of these elements without our express authorization is prohibited.

10. Responsibility

We cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from the misuse of the marketed products.

11. Personal information

Information and personal data necessary to the management of your order and our commercial relations will be requested from you. They will not be transmitted to other companies, with the exception of companies in charge of the execution of services and orders for their management, execution, processing and payment, without your prior agreement. In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose any personal data concerning you.

To do this, please send your request, along with a copy of your identity card, to the following address: contact@monsieurqueer.com

12. Force majeure

Neither Party shall be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure. Events meeting the criteria set by the case law of the Cour de cassation and the legislation will be considered as force majeure. The Party invoking an event constituting force majeure shall notify the other Party within fifteen (15) working days of the occurrence or threat of such event. The Parties agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order during the period of the force majeure event. After a period of one (1) month of interruption due to force majeure, the Seller may not honor the order, and shall reimburse the Buyer where applicable.

12.1 . Non-waiver

The fact that the Seller does not avail itself of any of the clauses of these General Terms and Conditions of Sale shall not be construed as a waiver of the right to do so in the future. 

12.2 . Partial invalidity

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

12.3 . Modification of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale in force may be consulted at any time on the monsieurqueer.com site.

The General Terms and Conditions of Sale may be modified at any time. In the event of a change, the General Terms and Conditions of Sale in effect at the time the order is placed shall apply. 

12.4 . Applicable law – Litigation

The present general conditions are subject to French law. The language of this contract is available in both English and French ( For the French language version you may switch the sites language at the bottom of the page). In case of dispute, the French courts will have exclusive jurisdiction.