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PREAMBLE
The present general terms and conditions for the use of payment facilities, hereinafter referred to as the “CGUFP”, govern the payment facilities set up for the settlement of orders placed on the gentlemaan.com website and are intended to define the terms and conditions of the payment facilities between the Seller and the Buyer from the placing of the order through payment and delivery to after-sales services. They are concluded between, on the one hand, the GENTLEMAAN Company, hereinafter referred to as « THE COMPANY », « THE SITE », « THE VENDOR » or « US » and, on the other hand, natural persons with legal capacity, acting for personal purposes and wishing to make a purchase via the website, hereinafter referred to as « THE CUSTOMER », « THE BUYER » or « YOU », as well as the service provider Partial.ly, hereinafter referred to as « THE PROVIDER ». Any joint mention of the seller and the customer in this contract will be referred to as «THE PARTIES».
The accepted countries mentioned in these GTUFP are the following countries from which the Customer’s means of payment must originate: Andorra, Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Switzerland, United Kingdom, hereinafter referred to as « Accepted Countries ».
SUBJECT
Payment in instalments” or “deferred payment” are payment facilities granted by the Company to the Customer allowing the payment of the order to be spread over several instalments or deferred to a date subsequent to the order (3 instalments). These payment facilities do not fall within the scope of consumer credit regulations (cf. art. L312-4 of the French Consumer Code).
The Service Provider provides technical support to the Seller and the Customer for the implementation and management of these payment facilities.
CONDITIONS
Access to the payment facility is reserved for individuals (natural persons of legal age) and professionals (legal entities) residing in an Accepted Country.
These persons must hold a Visa, Mastercard or Cartes Bancaires bank card issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country, and a telephone number in the same country as their card or bank account. In the case of payment by card, the card must be valid at least one month after the last due date of the payment facility.
We do not accept cards with systematic authorization, credit cards, prepaid cards, virtual cards or cards from countries not on the list of Accepted Countries.
Access to the payment facility service is subject to the decision of the Service Provider, who may refuse access to the Customer, in particular in the event of suspected fraud or risk of non-payment.
The Service Provider may request further information from the Customer in order to authorize access to a payment facility. This request may concern the Customer’s identity document or a request for access to the Customer’s bank account.
The Customer agrees to allow the Service Provider to debit the amounts due on the dates specified in the payment receipt.
The Customer agrees that the claim which the Vendor may have against him may be assigned to a third party.
EFFECTIVE DATE
The Customer requests access to the payment facility by clicking on the Provider’s «3x free of charge by credit card» button. If necessary, the customer may be asked to sign the contract.
The Seller indicates his agreement to this payment facility by the message «Payment accepted». The customer’s order is then validated and the payment facility takes effect immediately.
WITHDRAWAL
Withdrawal of order
The individual customer has a withdrawal period for his order with the Vendor as specified in the Vendor’s General Terms and Conditions of Sale. If the Customer exercises this right and cancels the purchase, the payment facility will be cancelled and all sums already paid to the Seller by the Customer will be reimbursed.
Withdrawal of payment facility
The individual customer has a period of 14 calendar days from the date of the order to waive the payment facility granted by the Vendor and decide to pay cash, by contacting the Service Provider directly at the address : support@partial.ly .
In the event of retraction, any costs paid by the Customer will be reimbursed by the Vendor (excluding the cost of returning the order). If they meet the retraction conditions described in article L121-16-1 of the French Commercial Code, professional customers also benefit from a right of retraction for a period of fourteen calendar days, under the same conditions as for private customers.
CANCELLATION
If all or part of the order is cancelled in accordance with the Seller’s general terms and conditions, the amount of the payment facility will be revised accordingly to bring it into line with the new amount due.
Where applicable (e.g. in the event of total cancellation of the order), the Vendor will reimburse the Customer for any overpayments.
TERMINATION
In the event of non-payment by the Customer of any sum due on the due date, the Seller may terminate the offer of a payment facility and demand immediate payment of the full amount outstanding.
Similarly, the Vendor may terminate the offer in the event of a false declaration by the Customer (personal information, bank details). Immediate payment of the full amount due may then be required.
In the event of bank fraud, organized fraud or proven non-payment, the Service Provider may take the following actions:
Funds, bank cards or any other means of payment are deemed to be ‘connected’ to a Customer as soon as the Service Provider has sufficient evidence to corroborate a link. In order to prove its good faith, the Service Provider will endeavor to document all the elements that enabled these connections, in particular in order to be able to produce them in court.
Funds may be frozen for up to 180 days (particularly in the case of falsified documents) to enable the Service Provider’s teams to carry out the necessary investigations to establish the facts. At the end of this period, the funds will be reimbursed to the Customer free of charge or retained to cover a Customer default.
RELATIONSHIP
In order to facilitate and streamline exchanges, the Seller delegates the entire management of the payment facility (control, acceptance, direct debits, reimbursement, collection) to the Service Provider. The latter uses dematerialized communication media.
The Customer may, however, receive these general and special terms and conditions on paper upon request to the Service Provider.
PROOF
The Vendor, the Customer and the Service Provider agree that the data, files, recordings or any operations received or stored on any computer medium of the Vendor or the Service Provider, as well as any exchange between the Customer and the Vendor or the Service Provider carried out by electronic or any other dematerialized means, constitute proof of the payment facility granted.
The Customer acknowledges that clicking on the “Pay in instalments” or “Pay later” button, or signing on the Service Provider’s interface, constitutes a full and complete commitment on the part of the Customer.
PENALTIES FOR LATE PAYMENT
The Service Provider reserves the right to apply late payment penalties in the event of a significant delay in payment by the Customer, defined as a delay of more than 15 days on a due date.
Please note: Partial.ly will make every effort to amicably resolve payment defaults without the application of these penalties, provided that the Customer cooperates fully in the process of resolving the outstanding payment.
INFORMATION AND COMPLAINTS
For any questions relating to these conditions, or in the event of a complaint, the Customer may contact the Service Provider at support@partial.ly .
DATA COLLECTION AND PROCESSING
See our privacy and data management policy.
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