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Terms of use of payment facilities

PREAMBLE

These general conditions of use for payment facilities, hereinafter referred to as the « CGUFP », govern the payment facilities set up for the settlement of orders placed on the site gentlemaan.com 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, GENTLEMAAN, hereinafter referred to as “THE COMPANY”, “THE WEBSITE”, “THE SELLER” 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 several instalments” or “Deferred payment” are payment facilities granted by the Company to the Customer allowing payment of the order to be spread over several instalments or deferred to a date after the order has been placed (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 or Mastercard 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 for 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 authorise 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 “3x free of charge by bank card” button on the Service Provider’s website. Where applicable, the Customer may be asked to sign.

The Seller indicates its 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/her order with the Vendor as specified in the Vendor’s General Terms and Conditions of Sale. If this right is exercised with the Vendor and the purchase is cancelled, the payment facility will be cancelled and all sums already paid to the Vendor 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 withdrawal, any costs paid by the Customer shall be reimbursed by the Vendor (excluding the cost of returning the order). If they meet the withdrawal conditions described in article L121-16-1 of the French Commercial Code, professional Customers also benefit from a right of withdrawal for a period of fourteen calendar days, under the same terms and 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 Seller may cancel 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:

  • early debit of funds on all cards or payment methods connected to the Customer ;
  • freezing of the customer’s funds in order to proceed with the recovery of his default;
  • freezing of customer funds for further investigation;
  • request cancellation of the sale from the Seller.

Funds, bank cards or any other means of payment are deemed to be ‘connected’ to a Customer when the Service Provider has sufficient evidence to corroborate a link. In order to prove its good faith, the Service Provider will endeavour to document all the elements that made these connections possible, in particular in order to be able to produce them in court.

The freezing of funds may be applied for a period of up to 180 days (particularly in the event of the use 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 refunded to the Customer free of charge or retained to cover a default by the Customer.

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 Service Provider uses dematerialised 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

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