These General Terms and Conditions of Online Sale (GTC) are intended to define the contractual relationship between 42 World and the Customer, as well as the terms and conditions applicable to the purchase of Products made by the Customer via the website located at the address here.

Definitions

Capitalised words used in these General Terms and Conditions have the following meaning: 

GTC means these General Terms and Conditions of Online Sale on the Site.

Client(s) means natural persons of legal age who are Alumni of 42 and domiciled in the Territory, who order Product(s) on the Site.

42 World means the limited liability company 42 WORLD, registered in the Paris Trade and Companies Register under number 848 088 035, whose registered office is 96 BOULEVARD BESSIÈRES 75017 PARIS.

42 means the Association “42”, a non-profit association under the law of July 1, 1901 and the decree of August 16, 1901, whose registered office is 96 BOULEVARD BESSIÈRES 75017 PARIS.

Alumni means a natural person who has in the past been a student of 42. 

Order means any order for Products accepted by 42 World. 

Products means all of the products offered on the Site.

Site means the website published by 42 World, accessible at https://shop.42alumni.org/, which allows Customers to purchase Products.

Territory means the territory, referred to in Article 13 of these GTCs, in which the Customer can place an order.

Legal notice

Name: 42 World 
Legal representative: Sophie VIGER
Head office address: 96 boulevard Bessières - 75017 Paris FRANCE
Phone number: +33 (0)142281284
Registration number: 848088035
VAT identification number: 95848088035
Hosting services: SHOPIFY COMMERCE FRANCE SAS - whose Siret number is 90263357700017 and whose head office is located 74 rue de Rome, 75008 Paris.

1 – Enforceability and modification of General Terms and Conditions of Sale 

1.1 Enforceability

By placing an Order on the Site, the Customer is deemed to have fully and unreservedly accepted these General Terms and Conditions of Sale in force on the date of the Order, as well as all applicable laws, to the exclusion of any other document such as any prospectus, advertisement or catalogue issued by 42 World which are only indicative in nature.

No special condition will prevail over these General Terms and Conditions of Sale, except special conditions agreed between 42 World and the Customer (collectively referred to as "the Parties") and accepted in writing.

Accordingly, any term or condition proposed by the Customer that is inconsistent with the terms and conditions set out here will, in the absence of the express written agreement of 42 World, be unenforceable against 42 World, irrespective of the time when it may have been brought to the attention of 42 World. 

The Customer declares that s/he is of legal age and has full legal capacity to enter into these GTCs.

Ordering Products on the Site is reserved for Alumni and is strictly prohibited for persons who have not previously completed their studies at School 42.

Any inaction or delay by 42 World in exercising any rights or powers under these provisions will not constitute a waiver or preclude any subsequent exercise of those rights or powers.

The Parties agree that the photos of Products for sale on the Site are not contractually binding.

The contract is entered into for the period necessary to supply the Products, until the warranties and obligations of 42 World are discharged.

1.2  Severability

If any provision, or part of a provision, of these GTCs is held to be unlawful, void or unenforceable, that part of a provision shall be deemed not to be a part of these GTCs without affecting the legality, validity or enforceability of the remaining provisions (except as required by applicable law).

These GTCs constitute the entire agreement between 42 World and the Customer in relation to an Order for Products and supersede any other contractual document, whether oral or written of any kind.

1.3  Amendments to Terms and Conditions of Sale

42 World reserves the right to amend these GTCs at any time.

In this respect, the Customer acknowledges that the GTC in force at the time the contract of sale is entered into are the terms enforceable against him/her, noting that the GTC come into force when they are published on the Site. 

2 – Products

Product refers to all the goods offered for sale by 42 World on the Site, such as for example caps, hats, t-shirts, zip-up sweaters, round neck sweaters, socks, hoodies, shirts, jackets.

The essential characteristics of each Product are indicated on the page dedicated to them. For any questions about the Product, the Customer is invited to contact 42 World at <shopify@42network.org>.

The Products are intended exclusively for sale to final consumers, natural or legal persons of legal age and capacity, excluding resellers or intermediaries acting on behalf of resellers. Accordingly, the Customer confirms that he/she is acting as a final consumer and does not intend to resell the Products for commercial use.

3 – Orders

3.1 Terms and Conditions of Orders

Ordering Products is strictly reserved for Alumni of 42, to the exclusion of any other person.

Any Order, to be definitively accepted by 42 World, must be preceded by the Customer's express acceptance of these GTCs.

Any Order requires the prior creation of a customer account for which a user name and password is to be provided. All information relating to the protection of your personal data may be found in our Privacy Policy and the rules applicable to your use of the Site in the General Terms and Conditions of Use of the Shopify platform available at https://www.shopify.com/legal/terms.

To place an Order, the Customer must add the selected Products to the shopping basket. The shopping basket will contain a summary of the selected Products and their price. Before confirming the Order, the Customer can verify the total price of the Order and details of the price of various Products in the shopping basket, and change the contents of the shopping cart at any time by adding or removing Products.

3.2 Customer Account

The Customer must activate his/her account to place an Order. To activate it, the Customer will receive an email from 42 World with a temporary activation code once his/her Alumni status is confirmed, and will have to enter a password on the Site.

Each Customer may activate only one customer account.

When activating his/her customer account, the Customer must complete an application form with his/her contact details. Once the form is completed, the Customer will receive an e-mail confirming creation of the account and login details.

The Customer undertakes to provide accurate information. The username and password permitting access by the Customer to his/her user account are strictly confidential and the Customer must not disclose them to third parties.

Customers can delete their account at any time via their user account page.

The customer account allows the Customer to:

• consult the history and details of his/her orders;
• return or exchange Products;
• manage account credits;
• add or modify the delivery address and/or billing address for unconfirmed orders only;
• manage personal information.

The data recorded by the Site constitute proof of all transactions between 42 World and Customers. In the event of a dispute about a transaction on the Site, the data recorded by 42 World will be considered valid proof accepted by the Parties of the content of the transaction.

3.3 Ordering Process

Placing an Order involves the following steps: 

1) Activating and connecting to a customer account: after activating his/her customer account on the Site in accordance with the procedures set out above, the Customer must connect to his/her customer account on the Site.

2) Selecting Products: The Customer may at any time select Products and add Products to his/her selection by clicking “Order” before finalising the purchase or continuing to browse.

The Customer's selection can be viewed in the "Shopping Basket" by clicking on "Shopping Basket" in the menu at the top right of the Site page. Photos of the Product(s), the quantity chosen, the unit price and the subtotal of the selection can be viewed in the "Shopping Basket".

3) Adding Products to the Shopping Basket: the Customer can add a Product to the shopping basket by clicking on the button: "Add to the Shopping Basket".

4) Reviewing the Order: before confirming the Order, the Customer will be shown details of the shopping basket in a list of the different Products selected, their price excluding tax, their reference number and relevant technical information, as well as the quantities ordered, applicable taxes, and any shipping costs depending on the delivery address.

5) Confirming the Order: the Customer can confirm the Order by clicking on the “Confirm Order” button to proceed to the billing stage.

Confirmed orders are sent to 42 World for processing.

42 World reserves the right not to accept an Order from a Customer with whom it is in dispute over a previous order, or if it reasonably believes that the Customer has violated any of these GTCs or has engaged in fraudulent activity, or for any other legitimate reason.

6) Billing and Shipping: The Customer must complete the form with his/her personal information as well as the billing and shipping information for the Order. The Customer may choose to have each Order shipped to a specific address that is different from the billing address. Once all required information has been entered, the Customer may proceed to payment by clicking on the "Pay by Credit Card" button.

7) Payment: the Customer must provide credit card details in our secure payment area in order to pay for the Order. The Order will be definitively confirmed upon payment of the price corresponding to the total amount of the order. The sales contract will then be definitively entered into.

8) Confirmation of the Order: the Customer will then receive an email confirming the Order, details of which are available in the Customer’s personal account page. 

3.4 Refusing Orders

42 World reserves the right to refuse any Order on legitimate grounds which will be notified to the Customer. These legitimate grounds include, but are not limited to: abnormally high or unusual quantities for a single Customer, in the event of fraud or attempted fraud, in the event of payment incident or repeated dispute over the payment of one or more invoices, etc.

4 – Pricing

Except for special conditions of sale, the price of Products sold are those listed on the Site on the day of the order. These prices are, as at that date, final and binding. 

They are indicated in Euros, inclusive of all taxes.

Packaging and delivery charges are indicated before the Order is validated by the Customer. 

Unless otherwise agreed, delays in delivery do not affect the agreed price. 

For deliveries outside the European Union, the Customer is liable for any customs duties and taxes payable upon delivery of the Order.

5 – Payment

Orders placed on the Site must be paid by credit card directly from the secure online platform offered on the 42 World website. The bank cards accepted are those from Visa®, Eurocard®/MasterCard®, American Express®, Maestro®, and Visa Electron®.

42 World only accepts payments made with a valid credit card. The procedures for processing data relating to credit cards are set out in our Privacy Policy.   

Once payment of the Order is confirmed, 42 World will send an invoice to the Customer by email. 

6 – Terms and conditions relating to quantities and availability of Orders

All Products offered for sale are subject to availability, and 42 World reserves the right to limit the quantities which can be ordered, to reject all of part of an Order, to stop offering certain Products and to replace them without prior notice. 

If, for a reason beyond its control, 42 World is not able to carry out delivery of the ordered Product, the Customer will receive an email with information and follow-up of its Order.

If any Product(s) are unavailable after an order has been place, the Customer will be informed by email or by telephone as soon as possible and will have the opportunity to either:

• order, as a replacement, another Product of equivalent quality and value from the Site, or

• cancel (the whole or part of) the order and receive a refund of the price paid for the Product ordered within fourteen (14) days of the request in accordance with articles L.216-2 et L.216-3 of the French Consumer Code.

42 World is not liable for any stock shortages or unavailability of Products for orders that it has not yet accepted. 

42 World reserves the right to modify, at any time and without prior notice, the Products offered on the Site to ensure a better quality of service and the availability of the Products for all Customers, in accordance with applicable laws. 

7 – Retention of title and transfer of risk

42 World retains the title to delivered Products until payment in full of Orders and reserves the right to suspend delivery in the event of late payment until the outstanding balance has been paid in full.

All risk of loss and damage to the Products passes to the Customer at the time the Customer, or any third party nominated by the Customer, takes possession of the Products.

8 – Delivery times

The delivery times indicated by 42 World when an order is made are indicative only.

42 World undertakes to use its best efforts to ensure that the indicative delivery times are met. However, these may vary depending on factors beyond the control of 42 World, including availability of carriers and the order in which Orders are received.

Deliveries within metropolitan France are carried out by General Logistics Systems France (GLS). The average delivery times are 2 to 4 working days. 

Deliveries to European countries or overseas are carried out by DHL International Express.

• For the “Europe 1” zone (Belgium, Germany, Italy, Luxembourg, Netherlands, Spain, Vatican, Monaco), average delivery times are 2 to 4 working days.
• For the “Europe 2” zone (Austria, Czech Republic, Denmark, Ireland, Poland, Portugal, Greece), average delivery times are 2 to 8 working days.
• For the “Europe 3” zone (Bulgaria, Croatia, Estonia, Finland, Hungary, Latvia, Lithuania, Roumania, Slovakia, Slovenia, Sweden, Cyprus, Malta) and the “Europe 4” zone (United Kingdom), average delivery times are 2 to 8 working days.

Deliveries to an overseas country (outside Europe) can take up to 30 days.

A delay in delivery does not confer a right to refuse a delivery except where, following a delay in delivery, the Customer has requested 42 World to redeliver within a reasonable time and 42 World fails to comply with that new deadline.

The Customer may then send to 42 World written notice of cancellation of the Order by registered post with acknowledgement of receipt, or by email. The Order will be deemed cancelled on the date of the letter or email informing 42 World of this cancellation, unless 42 World has been able to effect delivery in the meantime.

In the event that the Order is cancelled without 42 World having been able in the meantime to effect delivery, 42 World will refund all amounts paid by the Customer within fourteen (14) days after the Customer terminates the Contract.

9 – Delivery and billing

9.1 Delivery

The Products will be delivered by 42 World to the address nominated by the Customer during the Order.

The Customer may request that the invoice be sent to a different billing address, by confirming this option during the Order process.

Delivery charges are calculated by 42 World according to the delivery address nominated by the Customer and any amount charged will be displayed clearly and separately before the Order is confirmed by the Customer.

In the event of delivery outside France and the European Union, the Customer may as an importer be subject to additional charges upon delivery of the Product to the nominated delivery address. 42 World has no obligation to verify and inform the Customer of applicable customs duties or taxes for any delivery location.

In the event of any delay in delivery, 42 World will inform the Customer by email. If the Customer considers any delay to be too long and in accordance with the provisions in article 8 above, the Customer may declare the Order cancelled to obtain a refund.

9.2 Verification of Products

Upon delivery of a Product, the Customer may refuse to accept the package if there is any visible defect or may indicate on the delivery receipt any apparent transportation damage when checking the condition of the package.

If delivery is refused, the Customer may demand the delivery of a package in perfect condition by sending a registered letter with acknowledgement of receipt to the following address:
42 WORLD
89 boulevard Bessières
CS 99510 75819
Paris CEDEX 17

Furthermore, in the event of any incident relating to delivery (damage, non-conformity, damaged package, broken products, etc), the Customer must notify 42 World of any claims within three (3) working days from the date of delivery of the package.

Claims must be sent to the following address:
42 WORLD
89 boulevard Bessières
CS 99510 75819
Paris CEDEX 17

The warranties offered by 42 World in relation to the Products are set out in article 11 - Warranties.

10 – Right of withdrawal

Pursuant to articles L.221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal for a period of fourteen (14) clear days from the date of receipt of the Products, which may be exercised without having to give a reason and without penalty.

If this period expires on a Saturday, Sunday or public holiday, it is extended to the following working day. After this period, the Customer has no right of withdrawal.

To exercise the right of withdrawal, the Customer is to notify 42 World of:

• His/Her decision to exercise the right of withdrawal by sending a clearly worded statement identifying the Order concerned, by post to the following address: 42 WORLD, 89 boulevard Bessières, CS 99510 75819, Paris CEDEX 17, or by email to: <shopify@42network.org>.

To facilitate the exercise of this right of withdrawal, a form is also available in Annex 1 to these Terms and Conditions. This form can be used by the Customer and sent by post or by email to the addresses above.

• This declaration must indicate the family name(s) and first name(s) of the Customer, his/her postal address and, if available, phone number and email address, as well as the Order number.

The Customer must then send the Product the subject of the right of withdrawal without excessive delay and at the latest within fourteen (14) clear days after communicating the decision to withdraw, to the following address:
42 WORLD
89 boulevard Bessières
CS 99510 75819
Paris CEDEX 17

Only those Products returned complete, in perfect condition, in their original intact package and in merchantable condition, will be accepted.

If the Products concerned are textile products, returns will be accepted on the condition that the labels have not been removed from the Products and the Products are in perfect condition.

No return will be accepted if the conditions referred to above are not satisfied.

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the Customer’s specifications or clearly personalised.

Unless otherwise agreed by 42 World in writing, the Customer is solely responsible for return shipping costs.

42 World will then proceed with the reimbursement of the Order that was the subject of the right of withdrawal, at the latest within fourteen (14) days following the date on which it was informed of the Customer's decision, unless there is a justified delay.

Simply returning the Product without any declaration from the Customer in accordance with the conditions specified above, or simply refusing to accept delivery, will not constitute the exercise of the right of withdrawal by the Customer.

Except in the circumstances referred to above, all Orders are final and binding and cannot be modified or cancelled by the Client, unless agreed by 42 World in writing.

11 – Warranties

Excluded from the warranties set out in this article are Products that have been modified, repaired, integrated or added to by the Customer or any other person, as well as Products that have been damaged during transport or due to improper use of the Product. The warranty is specifically excluded in the event of abnormal wear and tear of the Product resulting from improper use or improper washing or care, knowing that clothing or shoes show normal wear and tear when they are worn.

11.1 Statutory warranties

In accordance with the provisions of article L.217-4 of the French Consumer Code, 42 World undertakes to deliver goods in conformity with the contract and to respond to any non-conformity existing upon delivery. 42 World will also respond to defects in conformity resulting from packaging, and from installation or assembly instructions if these were to be included within the framework of commercial Products.

In addition, and in application of Article L.217-5 of the French Consumer Code, Products will be deemed conform if they have the characteristics specified by mutual agreement of the Parties or are fit for the particular purpose sought by the Customer, brought to the attention of 42 World and accepted by it or if they correspond to the customary use expected of a similar product and, as the case may be, when:

• They correspond to the description given by 42 World on its website and possess the qualities that 42 World may have presented as a sample or model;

• They have qualities that the Customer might legitimately expect in light of the public statements made by 42 World in its advertising and labelling. 

Any legal action resulting from the non-conformity of delivered goods by 42 World is limited in time to two (2) years from delivery of the Products, in accordance with article L.217-12 of the French Consumer Code.

In the event that 42 World supplies movable goods likely to be repaired within the framework of a commercial warranty, 42 World will apply the provisions of article L.217-16 of the French Consumer Code in its relations with the Customer.

Finally and pursuant to articles 1641 and 1648 of the Civil Code, 42 World is required to give a warranty against hidden defects of its products which would make them unsuitable for the use for which they are intended, including when they reduce the use to the point that the Customer would not have acquired them (or would have given a lower price). The Customer has two (2) years from the date of discovery of the defect to take any action against 42 World.

In the event of a hidden defect and in accordance with the provisions of Article 1644 of the Civil Code, the Customer may return the Product and obtain a refund of the sale price or keep the Product and obtain a refund of part of the sale price.

11.2 Limitation of liability

In no circumstances will 42 World be liable for any damage that arises other than through a failure by 42 World to comply with any of its obligations.  

42 World will not be held liable in the event of non-performance of its obligations due either to force majeure as defined in French jurisprudence, or to the unforeseeable or unavoidable acts of a third party.  

42 World cannot in any circumstances be held liable:

• In the event of false information or error in details given by the Customer,
• In the event of incorrect of improper use of his/her login details or the procedures for placing an Order by the Customer.  

12 – Customer service

The Customer may contact the customer service of 42 World with any question about his/her Orders at this address: <shopify@42network.org>.

13 – Territory

The Products displayed on the Site are offered for sale in all countries in the world except: South Georgia and the South Sandwich Islands, Christmas Island, Norfolk Island, Isle of Man, Åland Islands, Cocos Islands, Pitcairn Islands, United States Minor Outlying Islands, Caribbean Netherlands, West Sahara, Saint-Pierre-et-Miquelon, Svalbard and Jan Mayen, French Southern and Antarctic Lands, British Indian Ocean Territory, Palestinian Territories, Tokelau, Tristan da Cunha, Wallis and Futuna, Ascension Island.

14 – Force majeure

42 World is not in any case liable for any breach of its contractual obligations caused by chance events or force majeure as recognized by French law and French jurisprudence.

Events considered to be cases of force majeure or chance events are events beyond the control of the Parties, which they could not reasonably be expected to foresee, and that they could not reasonably avoid or overcome, insofar as their occurrence renders the performance of the Parties' obligations totally impossible.

The following are specifically deemed to be cases of force majeure releasing 42 World from its obligations to provide the services within the agreed deadlines: strikes of all or part of 42 World's staff, fire, flood, war, epidemics, roadblocks, strikes or breakdown of gas or electricity supply, breakdown of 42 World's supplier or breakdown of supply for a cause not attributable to 42 World.

In such circumstances, 42 World will notify the Customer in writing as soon as possible.

15 – Intellectual property

The names "42" and "42 World", the logos, slogans and marks, whether registered or not, displayed on the Site, on the Products or on any other contractual or pre-contractual document, are the exclusive property of 42, 42 World or third party partners.

Any use, reproduction and/or modification without the prior written consent of 42 World will constitute an infringement within the meaning of the French Intellectual Property Code for which the infringer may incur civil and/or criminal liability.

 

16 – Personal data

In the context of its operations, 42 processes personal data in its capacity as Data Controller.

The manner in which the Customer’s personal data is processed is available in our Privacy Policy.

For information about the processing of your personal data, please contact <dpo@42.fr>.

17 – Language - Applicable law and jurisdiction

These GTCs are presented on the Site in French and English. In the event of any inconsistency between the French version and the English version, the French version will prevail. 

In the event of a dispute between the Customer and 42 World concerning the interpretation, execution or termination of these GTCs, 42 World strongly encourages the Customer to contact 42 World first to try to solve the dispute amicably.

This can be done via the following address: <shopify@42network.org>.

In addition, 42 World would like to inform the Customer that alternative dispute resolution methods exist, such as mediation, which the Customer may use if there is a dispute that is not able to be settled amicably, as provided for in Articles L.616-1 and R.616-1 of the French Consumer Code.

In fact, according to articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, any dispute of a contractual nature concerning the execution of a sales contract and/or the provision of services that could not be resolved through a complaint previously submitted to our customer service department may be referred to mediation free of charge by the Consumer. He/she should contact ANM CONSOMMATION either by mail by writing to 2 rue de Colmar 94300 VINCENNES, or by e-mail by filling in the online referral form at the following address: www.anm-conso.com.

In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may also choose to use the services of the Online Dispute Resolution (ODR) platform, accessible at the following address: https://ec.europa.eu/consumers/odr/.

In the absence of an amicable settlement of the dispute, only French law will apply and the courts of Paris will have jurisdiction, unless otherwise provided by law.

18 – Contact

For any questions about these GTCs, you may contact 42 World at the following address: <shopify@42network.org>.

Date of most recent update: [04/01/2024]

 

Annex 1 - Withdrawal form

To facilitate the exercise of the right of withdrawal, the following form is made available to the Customer. This form may be used by the Customer and returned by post to the following address: 42 WORLD, 89 boulevard Bessières, CS 99510 75819, Paris CEDEX 17, or by e-mail to <shopify@42network.org>. An acknowledgement of receipt will then be sent to the Customer. Conditions are detailed in article 10 - Right of withdrawal of these GTCs.

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To the attention of Association 42, 89 boulevard Bessières - 75017 Paris FRANCE

I [first name/first name], hereby give notice of my withdrawal from the contract for the sale of the goods listed below:

Ordered on [date] and received on [date] :

Associated with the following Order number: [insert order number].

Consumer's name: [to be completed].

Consumer's address : [to be completed].

Consumer's signature : [to be completed]

Date: [date]