General terms and conditions of sale

Last updated: 30/09/2025

ARTICLE 1 — GENERAL PROVISIONS

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") govern transactions carried out on the Operator's website, also known as the "Website Operator". These GTC are permanently available on the website for consultation and can be provided to customers by various means upon request.

Acceptance of the Terms and Conditions is mandatory for all orders placed. The customer confirms their acceptance by checking a specific box or clicking a dedicated button, thereby acknowledging that they have read and accepted the Terms and Conditions before finalizing their purchase.

The buyer's order confirmation signifies their agreement with the Terms and Conditions in effect on the date of the order. The Operator undertakes to archive and allow the reproduction of these Terms and Conditions for future reference.

ARTICLE 2 — PRODUCT DESCRIPTION

The website offers the following products for online sale: CLOTHING designated by the term "winning tank top". These products are available to any user, whether an individual or an entity, hereinafter referred to as "Customer".

Each product is presented with a detailed description, either provided directly by the supplier or accessible via an external link to the manufacturer's website. This description highlights the product's essential characteristics. It is important to note that product images on the website are not contractual. User manuals, if necessary, are available on the website or provided upon delivery. All products sold comply with current French legal standards.

The Client assumes full responsibility for the conditions and consequences of their access to the website, including any costs imposed by third parties such as internet service providers, which are their responsibility. The Client is also responsible for ensuring they have the necessary equipment to access the website and that this equipment is secure and suitable for its intended use. The Client must ensure their computer configuration does not pose any security risks and is capable of browsing the website.

ARTICLE 3 — ORDERS PLACED ON THE WEBSITE

The website operator is committed to ensuring the availability of its products, but these are offered subject to stock availability. If a product ordered by the customer becomes unavailable after the order is placed, despite the operator's best efforts, the operator will inform the customer by email as soon as possible.

The customer will then have a choice between two options:

  • To receive a product of equivalent quality and price to the one originally ordered or
  • Obtain a refund of the amount of the product ordered no later than thirty (30) days after payment.

Apart from the refund of the unavailable product if the customer opts for this solution, the Operator is not required to pay any cancellation compensation.

Unless otherwise stated in these Terms and Conditions and without affecting the right of withdrawal provided for by applicable law, orders placed by the customer are considered firm and final.

ARTICLE 4 — PAYMENT TERMS

The Customer acknowledges that any order placed on the Site constitutes a financial commitment and that they must make a payment in return for the requested Product.

The Site Operator reserves the right to verify the authenticity of the payment before shipping the order using all necessary methods.

Regarding transactions, the Site operator accepts the various payment solutions that are listed on the site.

ARTICLE 5 — PAYMENT OF THE PRICE

The price of the Products at the time of ordering is shown in euros and is inclusive of all taxes (TTC) except for delivery and transport costs (unless otherwise indicated).

During a promotion, the Operator guarantees the application of the promotional rate to all orders placed during the announced promotional period.

Payment must be made in euros (€) only. The total amount becomes payable upon order confirmation. The prices displayed include any discounts or rebates that the Operator may offer. Additional delivery or shipping charges, if applicable, will be added to the price of the Products and clearly specified before the Customer confirms the order.

The total amount to be paid by the Customer and the breakdown of this amount will be clearly indicated on the order confirmation page.

ARTICLE 6 — FORMATION OF THE CONTRACT

The contract between the Website Operator and the Customer is established as soon as the Customer sends confirmation of their order. This confirmation is carried out through a "double-click" process: the Customer selects their products, verifies them in their shopping cart, accepts the general terms and conditions of sale (GTC), and proceeds to payment by entering their bank details.

This "double-click" process constitutes an electronic signature which has the same legal value as a handwritten signature and definitively seals the Customer's order.

The website operator undertakes to securely store order and invoice records as reliable proof of the contract. Unless proven otherwise, these records are recognized as valid proof of transactions carried out between the website operator and its customers.

The Customer has the right to cancel their order in writing for reasons such as product non-conformity, significant delivery delays, or unjustified price increases, and may then claim a refund of their deposit with interest. The Website Operator may also cancel the order if the Customer refuses delivery or fails to complete payment upon delivery.

ARTICLE 7 — RETENTION OF TITLE

The Site Operatorremains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs, has been received.

ARTICLE 8 — SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union and for deliveries within these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified when finalizing the order and are accepted by order confirmation.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of 15 working days.

Delivery times are indicated in business days on the Website at the time of ordering. These times include order preparation and shipping, as well as the delivery time estimated by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the shopping cart level, provided that payment for the order has not been previously refused.

However, if one or more Products can be delivered within the initially announced timeframe, the Operator will send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address provided by the Customer when placing their order. It is therefore the Customer's responsibility to ensure that this address is correct. The Operator cannot be held liable if the address provided by the Customer is incorrect or if this causes a delay in delivery.

Upon delivery, the signatory may be asked to provide a receipt.

Upon delivery, it is the Customer's responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.

ARTICLE 9 — RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, the Customer may return it to the Operator. The Customer will have fourteen (14) days from the date of receipt of the order to do so.

In accordance with Article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the following standard withdrawal form:

Letter to be sent by registered mail with return receipt requested:

  • Consumer's first and last name
  • His address
  • Postal code - City
  • Recipient: First and last name of the professional seller
  • Recipient's (seller's) address
  • Postal code - City
  • To ... on ... (date of the letter)
  • Madam/Sir
  • On ... (indicate the date appearing on the order form) I ordered ... (description of the item: for example the DVD collection, the armchair...) which you delivered to me (or which I received) on ... (date).
  • In accordance with Article L. 221-18 of the Consumer Code, I am exercising my right of withdrawal.
  • Therefore, I kindly request that you return to me as soon as possible and at the latest within 14 days of receipt of this letter the sum of ... euros that I paid you when placing my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code.
  • Please find enclosed (indicate the returned item) which I am returning to you.
  • Please accept, Madam/Sir, the expression of my distinguished sentiments.
  • Signature

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by email.

If applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information:

  • name, geographical address, telephone number and email address;
  • The customer may withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by post, fax, or email as soon as these contact details are available and therefore appear on the standard withdrawal form). The customer may use the model withdrawal form, but this is not mandatory.

The return shipping costs are borne by the company.

The exceptions in Article L.221-28 of the Consumer Code apply and preclude the exercise of the right of withdrawal, particularly if the order constitutes a contract:

  • of supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;
  • supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;
  • supply of goods made to the consumer's specifications or clearly personalized;
  • supplying goods liable to deteriorate or expire rapidly;
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after delivery, are by their nature inseparably mixed with other articles;
  • supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • supply of a newspaper, periodical or magazine except for subscription contracts to these publications;
  • concluded at a public auction;
  • provision of accommodation services other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
  • of the supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

The returned Product must be in its original packaging in perfect condition suitable for resale, unused and with all accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact (name, surname, address) and complete contact details of the Customer as well as the order number and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receiving the Product and all the necessary information to process the Customer's refund. This reimbursement may be made using the same payment method used by the Customer. Therefore, Customers who paid for their order using store credit/gift vouchers may be reimbursed with store credit/gift vouchers at the Operator's discretion.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

ARTICLE 10 — CUSTOMER SERVICE

The Customer can contact the Operator's customer service:

  • by email to contact@masculinx.com, indicating your name, telephone number, the subject of your request and the order number concerned.

ARTICLE 11 — INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, Site structure and all other intellectual property elements and other data or information (hereinafter the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Site Elements may be modified in whole or in part, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

Furthermore, it is specified that the Operator does not own the content uploaded by Clients, for which the latter remain fully responsible and indemnify the Company against any claims in this regard. Clients grant the Operator a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use the intellectual property content they publish on the Site for the entire duration of the protection of such content.

The Operator reserves the right to take all legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 12 — LIABILITY AND LEGAL GUARANTEE OF CONFORMITY

12.1 Responsibility

The Operator cannot be held responsible for the non-performance of the contract due to the Client or due to an event classified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to this agreement.

The Operator cannot be held liable for information imported, stored, and/or published on the Site by Clients. The Operator cannot be held liable for any information published by a Client on the Site, nor for any direct or indirect damages that such use may cause to a third party; the Client who originally published the information remains solely responsible in this regard.

The Client acknowledges that the characteristics and limitations of the Internet do not allow for a guarantee of the security, availability, and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to modify their content and/or presentation.

The Operator cannot be held liable for any use of the Site and its services by Clients in violation of these Terms and Conditions, nor for any direct or indirect damages that such use may cause to a Client or a third party. In particular, the Operator cannot be held liable for any false statements made by a Client or for their conduct towards third parties. Should the Operator's liability be sought due to such conduct by one of its Clients, the Client agrees to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including legal fees, incurred in its defense.

The Client is solely responsible for all content they upload to the Site, expressly declaring that they hold all rights to it. They guarantee to the Operator that they will not upload content that infringes third-party rights, particularly intellectual property rights, or that constitutes an infringement of personal rights (including defamation, insults, etc.), an infringement of privacy, or an offense against public order and morality (including, but not limited to, the glorification of crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of a violation of applicable laws, morality, or these General Terms and Conditions, the Operator may automatically exclude Clients found guilty of such offenses and remove information and links to this offending content. The Operator is considered a hosting provider with regard to content uploaded by third parties. As such, it is reiterated that the Operator has no general obligation to monitor content transmitted or stored via the Site. In the event that the Operator's liability is sought due to content posted online by the Client, the latter undertakes to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including lawyers' fees incurred for its defense.

Regardless of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code) and the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

12.2 Legal guarantee of conformity

When you are acting under the legal guarantee of conformity (if the product(s) are subject to it):

  • You have a period of two (2) years from the delivery of the goods to take action;
  • You can choose between repair or replacement of the item subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
  • You are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

12.3 Return Procedure

Return procedure: After notification, the Customer will receive return instructions, including the address to which the product must be returned. Products must be returned in their original packaging, complete with all accessories, instructions, etc., and accompanied, if possible, by a copy of the purchase invoice (which can be sent by email).

Return shipping costs: Except in the case of a defective product or proven non-conformity, return shipping costs are the responsibility of the Customer. If the product is deemed defective or non-conforming by the Operator, all return shipping costs will be reimbursed to the Customer.

Return Processing: Upon receipt of returned products, the Operator will promptly examine them and inform the Customer that the return has been processed. If the return is approved, the Operator will exchange the product or refund the amount paid, according to the Customer's preference, within 30 days. This period may be extended if further investigation is required.

Exceptions: Except in the case of a defective product or proven non-conformity, products returned incomplete or damaged by the Customer will not be accepted. The Operator reserves the right to refuse the return if the aforementioned conditions are not met.

12.4 Warranty against hidden defects

You may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In this case, you may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641 and 1644 and the first paragraph of article 1648 of the Civil Code as in force on the date of these General Terms and Conditions:

Article L.217-4 of the Consumer Code: "The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."

Article L.217-5 of the Consumer Code: "The goods conform to the contract:

  1. If it is fit for the purpose for which similar goods are normally used, and where applicable:
  2. if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
  3. if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
  1. Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the seller.

Article L.217-7 of the Consumer Code: "Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery unless proven otherwise.

  • For second-hand goods, this period is set at six months.
  • The seller can rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer."

Article L.217-12 of the Consumer Code: "The action resulting from a lack of conformity is time-barred two years from the delivery of the goods."

Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use or which diminish that use to such an extent that the buyer would not have acquired it or would have given only a lower price if he had known of them."

Article 1644 of the Civil Code: "In the cases referred to in Articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price or keeping the item and receiving a partial refund."

Article 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."

It is noted that seeking amicable solutions prior to any legal action does not interrupt the time limits for legal guarantees or the duration of any contractual guarantee.

ARTICLE 13 — PERSONAL DATA

For more information regarding the Operator's use of personal data, please carefully read the Privacy Policy (the "Privacy Policy"). You can consult this Privacy Policy at any time on the Website.

ARTICLE 14 — HYPERLINKS

The hyperlinks available on the Site may lead to third-party websites not operated by the Operator. They are provided solely for the Client's convenience to facilitate access to resources available on the Internet. If the Client uses these links, they will leave the Site and agree to use the third-party websites at their own risk or, where applicable, in accordance with the terms and conditions governing those websites.

The Client acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for these hyperlinks.

Furthermore, the Client acknowledges that the Operator cannot endorse, guarantee or assume responsibility for all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hyperlinks and/or advertising banners linking to third-party sites not published by the Operator.

The Operator invites the Client to report any hyperlink present on the Site which allows access to a third-party site offering content contrary to laws and/or morals.

The Client may not use and/or insert any hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 15 — REFERENCES

Unless expressly refused, the Client authorizes the Operator to mark the Client's first and last name in its communication materials (display of reviews on the website etc.).

ARTICLE 16 — GENERAL PROVISION

ENTIRE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared invalid under any law, regulation, or final ruling of a competent court, the remaining provisions shall remain in full force and effect. Furthermore, the failure of either party to enforce any provision of these General Terms and Conditions shall not be construed as a waiver of that party's right to enforce such provision in the future.

PROCEDURE FOR VERIFYING NOTICES

Purpose of the verification:The Operator is committed to maintaining the integrity and authenticity of the reviews published on its site. This procedure aims to verify the truthfulness and relevance of the reviews submitted by Customers in order to provide reliable and transparent information to future buyers.

Publication criteria:All customer reviews will be evaluated before publication. Criteria include the relevance of the review to the product, the absence of inappropriate or offensive language, and compliance with applicable legal and ethical guidelines.

Verification method:

  1. Purchase verification: Only customers who have made a verified purchase can submit a review. The operator verifies that each review is associated with a real purchase on the site.
  2. Moderation by the team: Reviews are moderated by the Operator to ensure that contributions meet the established criteria. The Operator may contact the review author to request clarification or additional evidence if necessary.

Right of reply:The Operator reserves the right to respond to any published review to clarify a situation or correct inaccurate information. The right of reply will be exercised respectfully and constructively.

Refusal and removal of reviews:Reviews that do not meet the publication criteria may be refused or removed after publication if new information indicates that a review no longer meets the verification standards.

Transparency:The Operator is committed to maintaining transparency by displaying all reviews, whether positive or negative, provided they comply with the publication criteria.

This procedure helps to protect both the interests of the Customers and the integrity of the Operator by ensuring that only reliable and authentic reviews influence the reputation of the products offered.

BLOCTEL

The Customer has the option to subscribe to Bloctel services to avoid being contacted by the Operator once the sales contract is completed (order received). To do so, they must visit the following website: https://www.bloctel.gouv.fr/

CHANGES TO TERMS AND CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease operating all or part of the Site.

Furthermore, the Operator reserves the right to modify the Site's location on the Internet and these Terms and Conditions at any time and without prior notice. The Client is therefore required to consult these Terms and Conditions before using the Site.

The Client acknowledges that the Operator cannot be held liable in any way to him or to any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Client to save and/or print these General Terms and Conditions for safe and permanent storage so that they can be invoked at any time during the execution of the contract if necessary.

COMPLAINT — MEDIATION

In case of dispute you should first contact the company's customer service department at the following address: contact@masculinx.com.

If the complaint to customer service is unsuccessful or if customer service fails to respond within ten (10) days, the Customer may submit the dispute relating to the order form or these Terms and Conditions to the following mediator:

CM2C.

The mediator will attempt, independently and impartially, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse mediation, and if they choose mediation, to accept or refuse the solution proposed by the mediator.

The customer is also informed that they can use the Online Dispute Resolution (ODR) platform. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

APPLICABLE LAW

These General Terms and Conditions are governed by, interpreted and applied in accordance with French law.

CUSTOMER ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

The Client acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Client confirms having read the General Terms and Conditions and accepts the rental contract bound by the terms of the current General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be provided to the Customer upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously unless the Customer who placed the order expressly agrees.