Terms and conditions of sale
Article 1. Seller
The website www.biggymonkey.com (the "SITE") is operated by BLUECHOU EI, 113 avenue de Saint-Ouen, 75017 Paris - France, SIREN 510 397 623, SIRET 510 397 623 00032, EU VAT number FR60510397623 (the "SELLER"). Contact: contact@biggymonkey.com.
Article 2. Scope
These terms and conditions of sale (the "TERMS") apply to every order placed on the SITE by a customer (the "CUSTOMER"). Placing an order implies full acceptance of the TERMS in force on the day of the order, which the CUSTOMER acknowledges having read before confirming payment.
The CUSTOMER may be a consumer or a professional, i.e. any person acting for professional purposes: company, production company, agency, association, local authority, school, works council or club (the "PROFESSIONAL CUSTOMER"). Unless otherwise stated, these TERMS apply to all CUSTOMERS; certain provisions are specific to PROFESSIONAL CUSTOMERS. The CUSTOMER's purchasing conditions, purchase orders or general terms and conditions are not binding on the SELLER, unless expressly accepted in writing by the SELLER.
Article 2a. Prior exchanges and contractual documents
Information, advice, estimates and answers given by the SELLER before the order, by email, messaging, chat or telephone (in particular regarding lead times, place of manufacture or shipping, feasibility, size adjustments or modifications), are provided for information only to assist the CUSTOMER in their choice, excluding the essential characteristics of the PRODUCT and the mandatory pre-contractual information provided by law. Only the following shall be authentic, in order of priority: (1) the order confirmation and, where applicable, the accepted quote or the approved proof; (2) these TERMS; (3) the information appearing on the product sheet at the time of the order. In the event of a contradiction, the higher-ranking document shall prevail, subject to the mandatory provisions applicable to consumers.
Before confirming their order, it is the CUSTOMER's responsibility to check that the PRODUCT, its options, its origin of manufacture, its place of shipment, its lead times and any import costs correspond to their needs; any reservation must be made in writing before payment. For PROFESSIONAL CUSTOMERS, the documents mentioned above constitute the entire agreement between the parties and supersede any prior exchange, proposal or commitment, written or oral; the PROFESSIONAL CUSTOMER acknowledges having had all the necessary information and having been able to ask all their questions before ordering.
Communication channel: only exchanges by email with the contact address indicated in article 1 shall be authentic. Messages sent via social networks (Facebook, Instagram or other), chat, messaging or telephone do not constitute a request, a complaint, an approval, or a formal notice, and do not trigger any time limit against the SELLER. It is the CUSTOMER's responsibility to monitor the email address provided when ordering, including their spam folders.
Article 3. Made-to-order products
The mascot costumes and items offered on the SITE are made individually, to order ("made to order"), according to the model, sizes, colours and options chosen by the CUSTOMER, and where applicable customised at the CUSTOMER's request. They are not made in advance and are not kept in stock. Photos and visuals are provided for illustration only; slight differences in shade or finish, inherent to handcrafted manufacturing, do not constitute a defect. A proof (a visual for approval before manufacturing) can be provided at the CUSTOMER's request before manufacturing starts. Each mascot is a unique piece, made one at a time: its shape, proportions, colours and finishes may differ from the photos, which show a sample model. These differences are neither a defect nor grounds for cancellation, refund or damages.
Catalogue models: the models presented on the SITE, including existing catalogue models, are sample models. No costume is sold from stock: each PRODUCT is manufactured, assembled or adapted after the order, specifically for the CUSTOMER, according to the sizes, colours and options chosen. The use of an existing model, a pattern or parts already designed allows lead times to be reduced, but does not make the PRODUCT a standard item, available in stock or resellable as is. Any adaptation, even if presented as minor (size, colour, accessory, logo, text), constitutes manufacturing according to the CUSTOMER's specifications.
Origin of manufacture: the SELLER is a French company; design, customer service and order tracking are provided from France. Manufacturing is carried out in partner workshops, mainly located in Asia, notably in China, and the PRODUCT may be shipped or made available directly from the manufacturing workshop. Any reference to France concerns the company and its service, and not the place of manufacture, unless expressly stated otherwise on the order confirmation.
CUSTOMER's choices and approvals: the CUSTOMER is solely responsible for the choice of sizes, measurements, colours and options. The elements approved by the CUSTOMER (proof, control photo, measurements or layout) are binding on them and can no longer be disputed as to their appearance, without prejudice to the legal guarantees from which the consumer benefits. For PROFESSIONAL CUSTOMERS, the absence of a response within 48 hours to a request for approval constitutes acceptance. The CUSTOMER guarantees that they hold the rights to the logos, brands, texts and visuals they transmit, and guarantees the SELLER against any claim by third parties in this respect.
Proof (BAT) option: when the proof option is ordered, the proof is sent exclusively by email, to the order email address, within an indicative period of ten (10) working days after the order. If the CUSTOMER has not received their proof within fifteen (15) days of their order, they must notify the SELLER by email; failing which, they are deemed to have waived the proof and manufacturing is carried out in accordance with the specifications of the order. The proof is an indicative representation: screen colour rendering, colour codes (HEX, RGB, Pantone) and visuals may differ from actual fabrics and materials. For PROFESSIONAL CUSTOMERS, the absence of a response within forty-eight (48) hours of the proof being sent constitutes acceptance, and the sole consequence of an unprovided proof is the refund of the price of the proof option, to the exclusion of any cancellation, any other refund or any damages.
Colours and customisations: the requested colours are reproduced with the available fabric closest to the code or reference indicated by the CUSTOMER; a difference in shade constitutes neither a defect nor a lack of conformity. Logos, flocking, embroidery and texts are reproduced as best as possible using the technique adapted to the material; slight differences in size, position, colour or finish compared to the file provided do not constitute a defect. As each mascot is a unique handcrafted piece, a previous order, even of a similar model, cannot serve as a reference for the quality, appearance or finishes of a new order.
Article 4. Order
The order is firm and final as soon as payment is confirmed. A confirmation email summarising the order is sent to the CUSTOMER. The CUSTOMER is responsible for the accuracy of the information provided (sizes, options, delivery address). Manufacturing starts as soon as the order is confirmed.
Article 5. Prices
Prices are shown in the currency displayed on the SITE. For deliveries within the European Union, the VAT of the country of delivery applies. For deliveries outside the European Union, prices are shown excluding VAT; any customs duties, import taxes and clearance fees are payable by the CUSTOMER. Delivery costs are shown before the order is confirmed.
Article 6. Payment
The full price is payable when ordering, using the payment methods offered on the SITE. Payments are processed by secure payment providers; the SELLER does not store any bank card data.
Article 7. Manufacturing and delivery
Manufacturing and delivery conditions are set out in the "Delivery policy" appendix below, which forms an integral part of these TERMS. If the SELLER is unable to deliver the order, the CUSTOMER is informed and the amounts paid are returned.
Article 7a. Lead times, events and customs
Manufacturing and delivery times shown on the SITE, in emails or by customer service are estimates given for information only. As each mascot is made one at a time, these times may vary, especially during busy periods; the SELLER cannot be held liable for manufacturing or transport taking longer than expected, nor for the carriers' own lead times. Exceeding the indicative times gives no right to cancel the order, to a refund or to damages, subject to the rights that the law mandatorily grants to consumers in the event of non-delivery.
Events: if the PRODUCT is intended for an event on a fixed date (trade show, match, opening, party, filming, etc.), the CUSTOMER must contact customer service before ordering, at contact@biggymonkey.com, to check that delivery is possible before that date. Without the SELLER's prior written confirmation, no delivery date is guaranteed and the SELLER cannot be held liable for a delivery arriving after the event.
Customs: customs clearance times, inspections, holds or formalities, and the related costs, are beyond the SELLER's control and cannot be attributed to the SELLER.
Import charges, all destinations: as the PRODUCTS are manufactured and shipped from workshops located outside the European Union, customs duties, import taxes, clearance fees or carrier handling fees may be claimed from the CUSTOMER upon delivery, regardless of the destination, including in France and within the European Union. Unless expressly stated otherwise on the order confirmation, these fees are payable by the CUSTOMER, who accepts this by placing an order; they cannot give rise to any refund or compensation from the SELLER. Refusal to pay these fees or to receive the parcel does not constitute grounds for cancellation or refund.
Lead times - PROFESSIONAL CUSTOMERS: exceeding indicative times, regardless of the duration, cannot give rise to late payment penalties, cancellation of the order, a refund or damages.
Article 7b. Tracking, absence at delivery, lost or unclaimed parcels
Tracking: as soon as the order has been shipped, the SELLER sends the CUSTOMER the parcel tracking number.
Absence at delivery: if the parcel cannot be delivered because the CUSTOMER is absent and has to be shipped again, a reshipping fee of EUR 250 or USD 250 (depending on the currency of the order) will be charged to the CUSTOMER. This fee is non-negotiable.
Lost parcel: if the parcel is lost, the SELLER will remake the mascot free of charge and ship it again to the CUSTOMER.
Delivery after the event: if the mascot arrives after the CUSTOMER's event, the SELLER is not responsible for the logistics. The SELLER is always willing to find common ground, on a case-by-case basis.
Unclaimed parcel: if an unclaimed parcel is returned to the SELLER, the SELLER reserves the right to resell or destroy the parcel within one (1) month of its return.
Receipt and transport: the CUSTOMER must check the condition of the parcel and the PRODUCT at the time of delivery, in the presence of the carrier where possible. In the event of damaged or opened packaging, or an incomplete parcel, they must make precise and detailed reservations on the carrier's delivery note (the note "subject to unpacking" has no legal value) and notify the SELLER by email, supported by photos of the parcel and the PRODUCT, within three (3) days of delivery. Damaged packaging without damage to the PRODUCT gives no right to any compensation.
Transport - PROFESSIONAL CUSTOMERS: the PRODUCTS travel at the risk of the PROFESSIONAL CUSTOMER as soon as they are handed over to the carrier. It is the responsibility of the PROFESSIONAL CUSTOMER to make their reservations to the carrier and confirm them by registered letter within three (3) days of receipt, in accordance with article L133-3 du Code de commerce, with a copy to the SELLER. Failing this, no claim relating to transport (damage, partial loss, delay) may be made against the SELLER, and acceptance without reservation constitutes acceptance of the PRODUCT with regard to its apparent defects.
Article 7c. Collection by the CUSTOMER's carrier
When the CUSTOMER chooses to organize the collection of the PRODUCT themselves (FedEx, DHL, UPS account, freight forwarder or any other carrier of their choice), delivery is deemed to have taken place as soon as the PRODUCT is made available at the collection address provided by the SELLER, including when this address is that of the manufacturing workshop abroad. Risks are transferred to the CUSTOMER from the moment of this availability. Collection, transport and customs clearance costs, as well as duties and taxes, are payable by the CUSTOMER.
The CUSTOMER must have the PRODUCT collected within fifteen (15) days of it being made available. After this period, and after a formal notice has remained without effect for eight (8) days, the SELLER may ship the PRODUCT by standard shipment to the CUSTOMER's address, at the latter's expense. Failure to collect attributable to the CUSTOMER does not give rise to either the cancellation of the order or a refund.
Article 8. No right of withdrawal
In accordance with Article L221-28 3° of the French Consumer Code and Article 16(c) of European Directive 2011/83/EU, the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised. As all PRODUCTS sold on the SITE are made to order, no order can be cancelled, returned, exchanged or refunded once payment has been confirmed, including in the event of a change of mind, a wrong size or choice, or a missed event date.
Except in the event of non-performance or delay attributable to the SELLER under the conditions provided by law (in particular Article L216-6 of the French Consumer Code), any request for cancellation, suspension or modification made after payment shall not give rise to any refund, whether total or partial, regardless of the progress of manufacturing or shipping, and cannot give rise to a deduction of "restocking fees" or modification with refund of the balance. A change of project, cancellation, postponement or modification of the CUSTOMER's event or production does not constitute grounds for cancellation. Orders processed on an urgent or priority basis at the CUSTOMER's request mobilize specific resources; the corresponding amounts remain definitively acquired by the SELLER. PROFESSIONAL CUSTOMERS do not benefit from any right of withdrawal and remain liable for the full price, even if they waive delivery.
Free return within 14 days, subject to conditions: by way of derogation from articles 3, 8 and 9, the CUSTOMER may request the return of a PRODUCT within fourteen (14) days from its delivery, by email to the contact address indicated in article 1. This return is a non-systematic goodwill gesture, subject to the prior written approval of the SELLER's customer service, which sets the terms. It is only possible for a non-personalised PRODUCT: PRODUCTS manufactured or modified according to the CUSTOMER's requests (logo, embroidery, text, colours, dimensions or any other customisation) are excluded. The SELLER may refuse any excessive, abusive or repeated request. When the return is approved, return costs are borne by the SELLER according to the terms it communicates; the PRODUCT must be returned complete, unworn, clean and in its original packaging, and the refund is made within fourteen (14) days following receipt and inspection of the returned PRODUCT.
Article 9. No refunds - goodwill gesture
No refunds are made, except only where the law requires it (Articles 7 and 10). As it cares about customer satisfaction, the SELLER may however, at its sole discretion and without obligation, offer a goodwill gesture in the form of a discount voucher or store credit, to be used on a future order on the SITE. A discount voucher or store credit cannot be refunded or exchanged for cash.
Payment dispute: any complaint must be sent to the SELLER before any payment dispute with the bank or payment provider. A dispute raised for an order validly placed, executed or in progress is unjustified: the SELLER will contest it by producing the elements of the order (confirmation, acceptance of the TERMS, exchanges, proof of manufacture and shipping) and may claim from the PROFESSIONAL CUSTOMER the costs it incurs.
Article 10. Legal guarantees
The PRODUCTS benefit from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), which cannot be excluded. In the event of a proven lack of conformity, the CUSTOMER must contact the SELLER at contact@biggymonkey.com with photos; the SELLER will first repair or replace the PRODUCT. A price reduction or cancellation of the sale may only take place if repair and replacement are impossible, under the conditions provided by law. Minor differences in appearance due to handcrafted manufacturing, normal wear and tear, and damage resulting from misuse do not constitute a lack of conformity.
Complaints - PROFESSIONAL CUSTOMERS: any complaint relating to a defect, lack of conformity or error must be sent by email to the SELLER within twenty-four (24) hours of delivery, accompanied by photos and a precise description. After this period, the PRODUCT is deemed accepted without reservation. In the event of a justified complaint, the SELLER's sole obligation is, at its option, the alteration, repair or replacement of the defective part or of the PRODUCT, to the exclusion of any cancellation, any refund and any damages.
Returns: returns are governed by the "Free return within 14 days, subject to conditions" clause of article 8; any return not approved in writing by the SELLER's customer service is refused.
Article 11. Liability
The SELLER is not liable for delays or non-performance caused by force majeure, by the carrier once the parcel has been handed over, or by incorrect information provided by the CUSTOMER. To the extent permitted by law, the SELLER's liability is limited to the amount of the order concerned; the SELLER cannot be required to compensate indirect losses, such as the cancellation or postponement of an event, loss of business or loss of opportunity.
Liability - PROFESSIONAL CUSTOMERS: the total liability of the SELLER, for all causes combined, is limited to the price excluding VAT of the PRODUCT concerned, excluding delivery costs and options. Under no circumstances is the SELLER required to compensate indirect or consequential losses, including damage to image, cancellation or postponement of an event, loss of business, turnover or opportunity, or costs incurred with third parties. Any action against the SELLER must be initiated within six (6) months of delivery, under penalty of being time-barred.
Article 12. Intellectual property
All content on the SITE (texts, photos, visuals, logos, designs) is the property of the SELLER or its partners. Any reproduction without written permission is prohibited.
Article 13. Personal data
The CUSTOMER's data is used only to process orders and for customer relations, and is never sold. In accordance with the GDPR, the CUSTOMER has the right to access, correct and delete their data by writing to contact@biggymonkey.com.
Article 14. Complaints and disputes
Any complaint must be sent to the SELLER at contact@biggymonkey.com. The SELLER undertakes to seek an amicable solution. These TERMS are governed by French law, without depriving the consumer of the protection provided by the mandatory rules of the law of their country of residence. Failing an amicable agreement, the competent courts are those designated by law.
Proof: the computerized records of the SELLER and its service providers (orders, acceptance of the TERMS, payments, emails, photos of manufacture, transport tracking), kept under reasonable security conditions, shall be proof of orders, payments and exchanges between the parties, unless proof to the contrary is provided by the consumer.
Professional customers: any dispute with a PROFESSIONAL CUSTOMER shall fall under the exclusive jurisdiction of the courts of Paris (France), including in the event of multiple defendants or third-party claims; the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is excluded.
Language, severability and tolerance: these TERMS are drafted in French and translated into other languages; in the event of a discrepancy, the French version shall prevail. If any clause is declared null or unenforceable, the other clauses shall retain their full force and effect. The fact that the SELLER does not rely on a clause, or grants a goodwill gesture, does not constitute a waiver of the right to rely on it subsequently.
Appendix - Delivery policy
Delivery area. PRODUCTS are delivered to the countries offered when ordering, to the delivery address given by the CUSTOMER.
Manufacturing and shipping. PRODUCTS are made to order in our partner workshops, mainly in Asia, and may be shipped directly from the workshop to the CUSTOMER. Manufacturing and shipping times are shown on the SITE for information only, excluding weekends and public holidays. An email with the parcel tracking number is sent to the CUSTOMER when the order is shipped.
Delivery times and costs. The available delivery options, their times and costs are shown to the CUSTOMER when ordering (choice of carrier), before payment is confirmed. Delivery costs are added to the price of the PRODUCTS.
Customs. For deliveries outside the European Union, any customs duties, import taxes and clearance fees are payable by the CUSTOMER.
Handover of the parcel. The parcel may be handed over against signature. If the CUSTOMER is absent, the carrier leaves a delivery notice allowing the CUSTOMER to collect the parcel.
Delivery problems. The CUSTOMER must check the parcel on receipt and notify the carrier and the SELLER, within three (3) days, of any damage or partial loss found, with photos. If delivery is more than thirty (30) days late after the date indicated, the CUSTOMER may formally request the SELLER to deliver within a reasonable time, under the conditions provided by law.