General Terms and Conditions of Sale and Use

This website, www.mrkicks.fr, is operated by the company SAS MRKICKS, registered with the Montpellier Trade and Companies Register under number RCS B 921409231, with its registered office located at 1400 rue de la Castelle, 34070 Montpellier, France.

By using this site and/or placing an order, you agree to be bound by these General Terms and Conditions, as well as the legal notices and privacy policy available online.

Article 1 – Terms of use for the online store

Access to and use of the site are reserved for adults with full legal capacity. Minors may use the site only under the responsibility of their legal representative.

The products purchased on our site are intended for strictly personal and non-commercial use. Any use for resale or unauthorized distribution purposes is prohibited, unless agreed upon in writing by the company.

It is prohibited to use our services for fraudulent or illegal activities, or activities contrary to applicable laws and regulations.

Article 2 – General terms

The company reserves the right to refuse or cancel any order for a legitimate reason (Article L.121-11 of the Consumer Code), particularly in the event of fraud, non-payment, abuse, or product unavailability.

Bank details transmitted during the order process are secured and encrypted in accordance with current standards (SSL/TLS protocol).

Article 3 – Accuracy, completeness, and timeliness of information

The company strives to ensure the accuracy and updating of the information published on the site to the best of its ability. However, despite all due care, errors or omissions may occur.

The Customer is invited to verify any important contractual information directly with the company. In case of discrepancy between the information displayed on the site and the validated order summary, the latter shall prevail.

Article 4 – Service and price modifications

Our product prices may be changed at any time, but the rate applied is always the one indicated at the time of the order validation by the Customer.

We reserve the right to modify or discontinue all or part of the Service offered on the site, subject to informing Customers if these changes affect already validated orders.

In the event of a substantial modification impacting a current order (e.g., permanent unavailability of a product), the Customer will be immediately informed and will have the choice between maintaining their order with the proposed new terms or cancelling it and receiving a full refund of the sums paid.

Article 5 – Products or Services

Certain products or services may be available exclusively online on our website. These products may be offered in limited quantities.

Their return or exchange is possible in accordance with applicable legal provisions (Articles L221-18 et seq. of the Consumer Code), as well as the exceptions specified in our Return Policy.

In this respect, we distinguish between two categories of products:

Products in stock (shoe size accompanied by a green dot)
These items are available immediately at our premises. They benefit fully from the 14-day legal right of withdrawal from the date of receipt, in accordance with Articles L221-18 et seq. of the Consumer Code.

Products on request / “personal shopping” (shoe size not accompanied by a green dot)
These items are not held in stock. When you place an order, we perform a specific search with our partners to find the exact model you want, in the size you have chosen.
This sourcing work is carried out specifically for you and implies that the pair ordered corresponds to your personal specifications (model + size).

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalized.
As such, products subject to a “personal shopping” service are considered personalized and cannot be returned, exchanged, or refunded.

We do our utmost to accurately represent the essential characteristics of our products through photographs and descriptions. Slight variations may, however, occur depending on screen settings and shall not alter the essential characteristics of the product.

The sale and delivery of our products are available only to the countries and delivery zones specified on our site. These limitations are due to logistical constraints and do not constitute discriminatory geoblocking within the meaning of EU Regulation 2018/302.

We reserve the right to modify or remove any product or service from our catalog, without affecting orders already placed and validated by the Customer. The applicable price is that displayed at the time of order validation.

Our products benefit from the applicable legal guarantees (guarantee of conformity and guarantee against hidden defects), in accordance with current legal provisions.

Article 6 – Accuracy of billing and account information

The company reserves the right to refuse or cancel any order for a legitimate reason, particularly in the event of a prior payment dispute, suspicion of fraud, non-payment, or unavailability of the ordered product.

In the event of an order modification or cancellation, the Customer will be informed as soon as possible by email or telephone, using the contact details provided at the time of ordering.

The company also reserves the right to limit the quantities ordered, particularly if multiple orders appear to come from the same Customer or household, in the event of unauthorized resale activity or activity contrary to the expected use of the service.

The Customer undertakes to provide accurate, complete, and up-to-date information when placing an order and creating their account. They are responsible for promptly updating this information (address, payment methods, contact details) to ensure the proper processing of their order.

In the event of an error in the contact details provided by the Customer (address, email, telephone) resulting in an impossibility of delivery, the company cannot be held responsible.

Article 7 – Fraud, malicious behavior, and legal fees

Any proven fraud, attempted scam, or malicious use of the service — including but not limited to: false identity, intentionally incorrect address, false declaration, fraudulent dispute, manipulation of the ordering process, or any act of bad faith — will automatically result in:

the immediate cancellation of the order,
the permanent blocking of any future orders from the customer concerned,

7.1 – Standard Litigation Management Fee (level 1)

In the event of proven fraud or clearly unfair behavior — such as: false identity, intentionally incorrect address, false declaration, attempted scam, abusive contestation, or any action aimed at subverting the normal operation of the service — the company reserves the right to apply a penalty fee of €49.90.

Full invoicing of legal fees actually incurred by the company if external proceedings become necessary.

Legal fees may include, but are not limited to:
– formal notice fees,
– external recovery fees,
– lawyer's fees,
– bailiff's fees,
– costs related to civil or criminal proceedings,
– and any cost related to the intervention of an external legal service.

The €50 fee constitutes a level 1 penalty, corresponding to the standard administrative handling of fraud or attempted fraud.

These amounts become due immediately upon the ascertainment of the facts.
The company also reserves the right to initiate any necessary legal action.

7.2 – Advanced Litigation Management Fee (level 2)

In the event of more serious abusive behavior or behavior requiring in-depth handling — such as: recidivism, manifest bad faith, unjustified refusal of a package, repeated manipulation, prolonged abusive dispute, filing of unfounded claims, or any situation making the file complex to process — the company reserves the right to apply an Advanced Litigation Management Fee of €179.90.

This fee corresponds to a level 2, encompassing much more extensive work than standard processing. It covers in particular:

– the collection, analysis, and detailed verification of information,
– the conservation, archiving, and organization of evidence (screenshots, messages, exchanges),
– in-depth legal assessment of the file,
– drafting of pre-litigation documents (notifications, warnings, internal formal notices),
– advanced administrative management of the dispute,
– time spent by staff on compiling a complete file,
– preparatory steps for a possible recovery procedure or transmission to a legal professional,
– and, in general, all actions necessary to handle a complex or risky case.

This fee may be applied in addition to the €49.90 penalty fee when the severity of the behavior justifies it.

It may be deducted from a refund or invoiced directly to the Customer.

This fee does not include any external legal fees (lawyer, bailiff, recovery), which, if applicable, remain entirely the responsibility of the Customer in accordance with Article 7.1.

The standard penalty fee (€49.90) and Advanced Litigation Management Fee (€169.90) do not exclude the re-invoicing of costs related to the initial order. Thus, initial shipping costs, return costs, and any additional costs related to the processing, management, or preparation of the order will also be re-invoiced to the Customer and deducted from the refunded amount when the situation justifies it.

Article 8 – Unjustified returns and refusal of packages

8.1 – Unjustified refusal of a package

Any refusal of a package without a legitimate reason (including abusive refusal, intentional error, voluntary non-receipt, or malicious manipulation) is considered a non-conforming return.
In accordance with the provisions of the Consumer Code, the direct costs of return as well as the administrative costs related to processing the package are entirely borne by the customer.

8.2 – Applicable fees

In the event of an unjustified return or non-legitimate refusal of a package, the following fees will be charged:

– return costs charged by the carrier,
– a processing fee of €10 covering the handling, verification, and re-sending of the package (uninsured)

These amounts may be deducted automatically from the refund, up to the limit of the costs actually incurred by the company.

8.3 – Repeated abuse

In the event of repeated or recurring abuse, the company reserves the right to refuse any future orders from the customer concerned, without prejudice to potential legal action.

Article 9 – Optional tools

We may provide access to certain tools or services developed by third parties. These tools are made available to the Customer “as is” and “as available,” without our direct control over their content or operation.

The Customer acknowledges that the use of these third-party tools is at their own risk and it is their responsibility to read the general terms of use and sale applicable to these external services.

Our company cannot be held liable for a malfunction attributable exclusively to a third-party service, except in cases provided for by law. However, we strive to select reliable service providers and to inform the Customer of their involvement when necessary for the fulfillment of their order.

We may also offer new features, resources, or third-party services in the future. These new features will be subject to these General Terms and Conditions of Sale, as well as the specific terms of the third-party provider, if applicable.

Article 10 – Third-party links

Certain content, products, and services accessible via our site may include elements from third parties. Hyperlinks may direct you to external websites that are not operated by our company.

We draw the Customer's attention to the fact that we have no control over the content of these third-party sites and disclaim any responsibility regarding their availability, accuracy, or legality.

Any transaction carried out with a third party via a link present on our site (purchase, use of a service, access to content) takes place directly between the Customer and the third party concerned. We invite the Customer to carefully consult the general terms and conditions of sale and privacy policies of these third parties before any transaction.

Our liability can only be engaged in our capacity as an intermediary, and only in the cases provided for by law. In case of difficulty with a third-party product or service, the Customer is invited to contact the relevant provider directly.

Article 11 – Comments, feedback, and other submissions

The Customer may publish reviews, comments, or other content on the site, in compliance with the law and these General Terms and Conditions.

By transmitting content (review, suggestion, testimonial...), the Customer grants the company a non-exclusive, free, and worldwide license allowing it to reproduce, publish, and disseminate this content solely in the context of promoting its products and services (site, social networks, advertising media), for the legal duration of copyright protection.

The Customer retains all of their copyrights to their contributions. In case of specific commercial use (e.g., dedicated advertising campaign), the company may request additional authorization and provide for possible compensation.

The company reserves the right to moderate, suspend, or delete any content published by a Customer if it is manifestly unlawful (e.g., defamatory, insulting, discriminatory remarks, inciting hatred, or infringing upon the rights of others).

The Customer guarantees that they are the author of the transmitted content and that it does not infringe upon any third-party rights.

The company disclaims any responsibility regarding reviews published by Customers, who remain solely responsible for their statements.

Article 12 – Personal information

The personal information collected during the order or the use of the site is processed in accordance with our Privacy Policy and in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act.

This data is necessary for order management, product delivery, customer relationship monitoring, and, if applicable, sending commercial offers if the Customer has consented.

In accordance with Articles 15 to 22 of the GDPR, the Customer has the following rights:

right of access,
right of rectification,
right to erasure,
right to object,
right to restriction of processing,
right to data portability.

To exercise their rights, the Customer can send a request by email to hello@mrkicks.fr or by mail to the following address:
SAS MRKICKS – 1400 rue de la Castelle, 34070 Montpellier, France.

Article 13 – Errors, inaccuracies, and omissions

We do our utmost to ensure that the information published on our site is accurate and up to date. However, typographical errors, inaccuracies, or omissions may appear concerning product descriptions, prices, promotions, offers, shipping costs, delivery times, or item availability.

If an error is discovered, we commit to correcting it as soon as possible. If this error concerns a current order:

We will immediately inform the Customer concerned,

And we will offer them either to maintain their order with the corrected information or to cancel it with a full refund of the sums paid.

In no case may an already validated and paid order be cancelled unilaterally by the Seller, except in the event of a manifest and obvious error on the price or description (Article 1132 of the Civil Code).

The information on the site is updated regularly. If information becomes obsolete, this does not affect the rights acquired by the Customer at the time of their order.

Article 14 – Prohibited uses

In addition to the other prohibitions mentioned in these General Terms and Conditions, it is strictly prohibited to use the site or its content for:

a) illegal activities or activities contrary to public order,
b) soliciting others to participate in such activities,
c) violating any applicable regulations (national or international),
d) infringing upon our intellectual property rights or those of third parties,
e) harassing, abusing, insulting, defaming, intimidating, or discriminating against any person,
f) submitting false, misleading, or fraudulent information,
g) transmitting viruses, malware, or any harmful code,
h) collecting or exploiting the personal data of others without consent,
i) sending unsolicited messages ("spam") or attempting any online fraud,
j) publishing or transmitting content that is obscene, violent, hateful, or violates human dignity,
k) attempting to bypass or disrupt the security measures of the site or the Internet.

Any failure to comply with these rules may result in the suspension or termination of the Client's access to the site, without prejudice to any civil or criminal actions that may be initiated. These measures will be taken in compliance with applicable legislation and in a manner proportionate to the gravity of the established facts.

Article 15 – Disclaimer of warranties and limitation of liability

We make every effort to ensure continuous, secure, and high-quality access to our site and services. However, due to the nature of the Internet and technical constraints, we cannot guarantee that the use of the site will be free from interruptions, errors, or malfunctions.

Our products are provided in accordance with French law and are automatically entitled to:

the legal guarantee of conformity provided for in Articles L217-3 and following of the Consumer Code,

the guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code.

Outside of these legal guarantees, we cannot guarantee that the use of the site or service will meet all the Client's specific expectations.

Our liability may only be incurred for direct and foreseeable damages resulting from the use of the site or the conclusion of the sales contract.
We shall in no event be held liable for:

damages resulting from misuse of the product by the Client,

indirect or intangible damages (loss of opportunity, loss of profit, loss of data, etc.),

delays or non-performance related to a case of force majeure within the meaning of Article 1218 of the Civil Code.

In any case, and unless mandatory legal provisions state otherwise, our liability is limited to the amount of the relevant order.

Article 16 – Indemnification

The Client agrees to use the site and services in compliance with the laws and regulations in force, as well as these General Terms and Conditions.

In the event of a proven violation of these provisions leading to direct harm to the company, the Client may be required to indemnify the company for the damages effectively sustained, upon judicial decision.

Conversely, the company may also be held liable and accountable to the Client in the event of a failure on its part that has caused direct harm to the Client, in accordance with applicable legal provisions.

Article 17 – Severability

If any provision of these General Terms and Conditions is declared null, illegal, or inapplicable by a competent court, this provision shall be deemed unwritten but will not affect the validity and enforceability of the other provisions.

To the extent possible, the relevant provision shall be interpreted in such a way as to reflect the initial intention of the parties, while respecting the applicable legal framework.

Article 18 – Termination

These General Terms and Conditions remain in effect as long as the Client uses the site and the services offered.

The Client may terminate their application at any time by ceasing to use the site and, where applicable, by informing the company of their wish to close their account.

The company reserves the right to suspend or terminate the Client's access to the site in the event of a serious and repeated breach of their contractual obligations (e.g., fraud, abusive use of the service, manifest violation of applicable legislation). In this case, the Client will be informed in writing (email or mail) of the decision to terminate.

Any termination does not affect the rights and obligations incurred prior to the effective date of said termination, particularly regarding payments due or orders already validated.

Article 19 – Entire Agreement

These General Terms and Conditions, together with the mandatory pre-contractual information and the specific policies or rules accessible on our site, constitute the entire agreement between the Client and the company regarding the use of the site and the sale of products.

They replace any prior agreement or exchange relating to the same subject matter, subject to mandatory rights recognized to the consumer by law.

In the event of a contradiction between different contractual documents, these General Terms and Conditions shall prevail, except for mandatory public policy provisions.

Article 20 – Governing Law and Competent Jurisdiction

These General Terms and Conditions and the contracts concluded via our site are governed by French law.

In the event of a dispute, and after the failure of an attempt at amicable resolution, the consumer has the option to have recourse to a consumer mediator, in accordance with Articles L.612-1 and following of the Consumer Code.

Failing an amicable agreement or mediation, any dispute relating to the interpretation, performance, or validity of these General Terms and Conditions shall be brought before the competent courts in accordance with the rules of common law.

The consumer may choose to bring the case before the court of their place of residence or the court of the seller's registered office.

Article 21 – Modifications to the Terms of Use

We may need to modify these General Terms and Conditions from time to time, particularly to reflect legal, regulatory, or technical developments, or to adapt our services.

In the event of a substantial modification, the new General Terms and Conditions will apply only to orders placed after their online publication date. The terms in force at the time of the order remain applicable for that order.

The Client will be informed of any update to the General Terms and Conditions through a clear notice on the site and, where applicable, by email notification if they have a customer account.

Continued use of the site after the entry into force of the new General Terms and Conditions constitutes acceptance thereof.

ARTICLE 22 – CONTACT DETAILS

For any questions regarding these General Terms and Conditions and the use of the site, you can contact us at:

Company: SAS MRKICKS

Address: 1400, rue de la Castelle, 34070 Montpellier, France

E-mail: hello@mrkicks.fr

Consumer mediation (art. L612-1 C. cons.)
The consumer may have recourse to the consumer mediator under whose jurisdiction MRKICKS falls: AME Conso – 197 Bd Saint-Germain, 75007 Paris – www.mediationconso-ame.com