Terms of sale
The present general terms and conditions of sale are made between:
The head office is 24ter rue Dalayrac, 94120 France
Registered with the Creteil Trade and Companies Register under the number 841 487 663 RCS
Called « The seller »
ON ONE SIDE,
and : Any individual wishing to make a purchase on the Seller web site, at the https://bellelaideparis.com/ address,
Called « The Client »
ON THE OTHER SIDE.
Article 1: Object
Article 2: The website
Article 3: The products
Article 4: Prices
Article 5: Payment
Article 6: The order
Article 7: The delivery
Article 8: Exchange/Return of a Product: Right of withdrawal
Article 9: Data protection
Article 10: Liability – Force Majeure
Article 11: Intellectual Property
Article 12: Contact
Article 13: Partial non validity
Article 14: The entire contract
Article 15: Applicable Law and the Jurisdiction Concerned
Article 1 : Object
The terms and conditions of sale define the contractual relation between the Seller and the Client, and the conditions that apply to all purchases made on the Seller retail website https://bellelaideparis.com/, called “the Site”.
With the present terms and conditions of sale, the Client is forbidden to purchase for resale, according to clause L 110-101 of the Commercial Code
The Client must be at least 18 years old and have judicial capacity or have a parental authorization to order on the Site.
The acquirement of a product on the Site implies the Client’s complete acceptation of the General Terms and Conditions of Sale. These override any of the Client’s general or particular conditions.
The Seller has the possibility to change the General Terms and Conditions of Sale. However the Conditions applied to the Client are those in effect at the date of his order on the Site. The present General Terms and Conditions of Sale are the exclusive propriety of the Seller. All reproductions, even partial, are strictly forbidden.
Article 2 : The website
1.1 The Website bellelaideparis.com is an e-commerce website that is accessible on the Internet at the address www.bellelaideparis.com and it is open to any user of the Internet. It is edited and distributed by Bellelaideparis, its head office’s address 24ter rue Dalayrac, 94120 Fontenay sous Bois. It is registered in the Creteil Trade and Companies Register under the number 841 487 663
1.2 The Website offers to sell a variety of unisex T-shirts to Net users browsing on the Website. By virtue of the Terms of sale, it is agreed that the User and Bellelaideparis will be collectively named “the parties” and individually called the “party”, and that the User who validated an order will then be called the “Buyer”. The rights and duties of the User inevitably apply to the Buyer.
1.3 Bellelaideparis reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. Bellelaideparis reserves the right to refuse the carrying out of the order.
1.4 The Buyer declares that he has full legal capacity.
1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale by ticking the box provided to that effect before ordering anything.
As a reminder, according to the provisions laid down in the articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning the e-signature, Belle Laide Paris specifies that the validation of the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature.
1.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website.
Article 3 : The products
2.1 The Products offered by Bellelaideparis are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.
2.2 The Products are described and presented with the greatest precision possible. The photos illustrating, in support of the text, the products do not enter in the contractual field. As such, if Bellelaideparis tries to represent as faithfully as possible the Products of which the photos are displayed on the Website, variations may occur, particularly given the technical limitations of colour renderings of computer equipment.
2.3 Bellelaideparis is committed to honour the orders only within the limits of available stocks. If one or several Products are not available, Bellelaideparis is committed to inform the User as soon as possible. Bellelaideparis incurs no liability for a stock shortage or the unavailability of the Products.
2.4 The unavailability of the Product can be notified to the User:
When he enters his order, he will be told that the Product he wants is unavailable at the moment.
2.5 If the payment has already been made, Bellelaideparis is committed to contact the payment system to deduct the price of the unavailable Product(s) from the amount taken on the bank account of the Buyer.
2.6 Bellelaideparis retains title to the Products ordered until they are fully paid.
Article 4 : Prices
3.1 The Prices of the Products are given in euros, tax inclusive, without the participation to the delivery costs, on the day of the order.
3.2 The price billed to the Buyer is the price given on the order confirmation that Bellelaideparis sent by email.
3.3 Bellelaideparis reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks. The rate in force is the one given on the Website, errors of typography excepted, for which Bellelaideparis is not responsible.
3.4 Prices are payable in full in a single instalment when the order is confirmed.
Article 5 : Payment
4.1 It is stated that you can pay on the Website by bank cards. The payment for the Products bought on the Website can be done safely, with the bank cards below:
4.2 The User will enter his card number, the cardholder name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card.
4.3 Bellelaideparis reserves the right to refuse to honour the order of a User if Bellelaideparis and the User are under dispute, of any nature whatsoever.
4.4 You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
4.5 You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order.
4.6 Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products.
4.7 Bellelaideparis reserves the right to cancel any order presenting a risk of fraudulent use of the bank card.
Article 6 : The order
5.1 The User may navigate freely on the Website with no commitment to purchase via an order.
5.2 To order, the User has to click on “Add to cart”. Each time an item is added to the Basket, text will appear “…T-shirt has been added to your cart.”
5.3 At any time before confirming his order, the User can:
• Get a summary of the Products he selected and modify his order by clicking on the link “Cart”
• Finish the selection of the Products and confirm the order by clicking on “Proceed to checkout”.
5.4 The User will have to identify himself by filling in the form with great care, especially the mandatory information: his first name, his last name, his email address, his phone number, the delivery address and the billing address.
5.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order.
5.6 To order the Products he thus chose, the User will have to click on “Place order” and will confirm the buying journey offered.
5.7 The User is informed and accepts that the capture of his identifier is a proof of his identity and shows his consent.
5.8 The confirmation by the User of his order on the Website implies the agreement to the General Terms of Sale.
5.9 The User may then pay his order by entering his banking information.
5.10 When the Buyer confirms the payment of his order, a summary will appear with the transaction number. This summary also appears in the email of confirmation of the order.
5.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products which includes the tracking of the parcel
5.12 Pursuant to article L.132-4 of the Consumer Code, when an order is for an amount greater than or equal to €120, Bellelaideparis keeps the verbiage stating that the contract entered into electronically between Bellelaideparis and the Buyer for the period of time from the start of the contract until the date of delivery and for 10 years thereafter (in compliance with the decree 2005-137 of 16 February 2005).
5.13 Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his order and undertakes to notify the Seller of any changes.
5.14 The Seller also reserves the right not to accept or cancel the order of any Customer who has provided incorrect information, with which there is a dispute over the payment of a previous order.
Article 7 : The delivery
6.1 The Products ordered are, depending on the choice of the Buyer, delivered to any address all around the world. The address of the delivery is given by the Buyer. Delivery costs are clearly indicated in your shopping cart, and automatically calculated with each item you add. Within France and European Union you will not be required to pay customs or important duties. For shipments outside of the European Union, French VAT is not applicable. Import duties may be asked of you upon delivery, and will be payable directly to the shipment carrier.
6.2 The orders are dispatched, depending on the choice of the Buyer, by the postal service Colissimo
6.3 Buyer will be able to track his order on the Internet. Bellelaideparis is committed to do its very best so that the order is carried out within a maximum of 30 days starting on the date of confirmation of the order, except in cases of force majeure given in article 10.
6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, the postman will leave a delivery notice in the mail box of the recipient so that he can pick up his parcel during office hours of the Post office, within 15 days.
6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. In case of error in the delivery information given by the Buyer, Bellelaideparis could not be held responsible for failure in delivery.
6.6 The shipping costs are based on the destination and weight of the parcel, according to the rates of the postal services in effect. If the forwarding is imputable to you (the delivery address you gave was not correct, or you did not get the parcel at the post office within the 15 days), there will be additional charges, upon acceptance of the Buyer. If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order on his bank account, minus the delivery charges.
6.7 Delivery timelines are available on the website and may vary according to your order availability. Delivery timelines are processed on business days and correspond to the average order preparation and shipping schedule on the territory.
Delivery timelines start from the order confirmation date by the Seller.
The Seller commits to proceed at its best to deliver the order to the Buyer within the timetable stated above. However the timelines are communicated on an indicative basis and an eventual delay could not lead to any interest and damages, deduction or cancellation of the order by the Buyer.
However, if the ordered products haven’t been delivered within 7 days after the indicative date (look 6.3) of delivery, for any case than the force majeure, the sale can be revoked on written request of the Buyer or the Seller. The sums paid by the Buyer will be returned to him without delay, excluding any compensation or withholding.
The Customer is the only responsible person for the non-execution or the defective execution of the Contract due to a lack of indication during the Order process (wrong or incomplete address, wrong name…).
6.8 The Customer is required to check the wrapping state as well as the Articles upon delivery.
It is the Customer’s responsibility to express reservation and claims that he/she consider necessary, nay to refuse the parcel, when the parcel is manifestly damaged at the Delivery. The aforesaid reservations and claims shall be addressed to the carrier by registered letter with acknowledgement of receipt within 3 business days, except public holidays, that follow the Delivery date. Otherwise, the Customer has to send a copy of the letter to the Seller. The default of claim within the afore mentioned period cancels any lawsuit against the carrier in accordance with the provisions of article L. 133-3 of the commercial Code.
The Customer must make sure that the delivered Goods correspond to the Order. In case of non-compliance of the Goods in kind or in quality to the mentioned specifications in the Delivery slip, the Customer must inform the Seller by e-mail and send the Goods back to the given address and the return label is provided by the Seller
6.9 The Products offered are in compliance with the French legislation force. Bellelaideparis is not to blame in case of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with the local authorities if he is authorized to import or to use the ordered Products.
6.10 Only guarantee made: The Products are in perfect condition during the handing-over to the carrier. No other express or tacit guarantee is issued.
Article 8 : Exchange/Return of a Product: Right of withdrawal
7.1 The Buyer has a right of withdrawal for the following reasons:
• Non-fulfilment of the Product for any reason.
• Non-compliance of the Product
The items must be resend to the following address at the customer charge :
Klaudia Jankowska, Bellelaideparis
24 ter rue Dalayrac
94120, Fontenay sous bois
7.2 In both cases referred to in 7.1, the Buyer will have the possibility to ask Bellelaideparis for an exchange or a refund of the Product.
7.3 To exercise his right of withdrawal, the Buyer will have to ask for it within 15 days after receipt of the Product. The Product shall be returned to Bellelaideparis at the address given in Article 11 and shall meet the following conditions:
• Be in perfect condition,
• Not have been used,
• Be in its original packaging, and complete, not worn and unwashed so that it can be re sold in perfect condition. Right of withdrawal won’t be applied if products have been damaged, deteriorated or got dirty by the Buyer.
• Be accompanied by the bill.
7.4 If the Product is found leading to non-compliance with the order, or is defective upon delivery, or if the product is defective, the return shipping fees will be the responsibility of Bellelaideparis. In this case, Bellelaideparis will provide you a prepaid return mailing label that you can use to return your shipment. Please contact the customer service at firstname.lastname@example.org to get it.
7.5 Bellelaideparis does not accepts the postage due parcels. Any risk associated with the transport is carried by the Buyer. The Buyer is not responsible if the parcel is lost.
7.6 If the above-mentioned conditions are met and if the Buyer wanted a refund of the Product, Bellelaideparis will pay back for Product(s) bought by the Buyer to him, within 14 days starting on the date of receipt of the returned Product by Bellelaideparis
Article 9 : Data protection
8.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
8.2 The security protocol ensures total confidentiality of the information sent. Bellelaideparis is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity.
8.3 In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 (“RGPD”), any Customer has the right to access, rectify and delete personal data concerning him, which he can exercise directly with the Customer Service of the Service Provider by contacting him at the email address email@example.com or at the following postal address Klaudia Jankowska, Bellelaideparis 24 ter rue Dalayrac 94120, Fontenay sous bois France, enclosing with his request a copy of an identity document.
8.4 In accordance with the law relating to data, files and freedoms of January 6, 1978, the personal information relating to customers may be subject to automated processing.
Article 10 : Liability – Force Majeure
9.1 Bellelaideparis has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.).
9.2 Bellelaideparis cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, the discontinuation of the production of a model of which Bellelaideparis was not informed as well as any other exceptional event.
9.3 The Seller’s liability cannot be engaged in the event that the non-fulfilment of his obligations is attributable to the Customer, to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unpredictable events such as strikes, work stoppages, labour unrest, factory closures, floods, fires, lack of production or non-personal transportation, breach supply, wars, riots, insurrections and more generally any circumstance or event preventing Seller from properly performing its obligations.
9.4 Seller shall not be liable for any indirect or consequential damages or damages such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of control, loss of customer, business interruption, loss or damage. commercial disturbance or image damage, which could result from the delivery of non-compliant or defective Products or the lack of delivery of the Products.
9.5 As the sale of Products and these General Conditions are in accordance with French law, the Seller shall not be held liable in the event of non-compliance with the legislation of another country when the Customer makes a Product order to from another country.
9.6 In all cases and in all cases of return, if the Seller’s liability should be retained, it may in no case exceed the purchase price of the goods paid by the Customer.
9.7 In accordance with the provisions of Article 2254 of the French Civil Code, any legal action by a Customer against the Seller is affected by the prescription at the end of a period of one (1) year following the date on which the Client concerned has known or is presumed to have known of the harmful event
Article 11 : Intellectual Property
All reproductions or representations of the website are submitted to the specific and prior agreement of Bellelaideparis. The non-compliance of this obligation is an infraction that engages the criminal justice responsibility of the author. All techniques such as framing or deep-linking are strictly forbidden unless special written authorization is delivered by Bellelaideparis.
The web user is thus forbidden to harm the “Bellelaideparis” brand.
Article 12 : Contact
Klaudia Jankowska, Bellelaideparis
24 ter rue Dalayrac
94120, Fontenay sous bois
By email: firstname.lastname@example.org
Article 13 : Partial non validity
If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
Article 14 : The entire contract
13.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.
13.2 In case of contradiction between the documents, the General Terms of Sale have priority.
Article 15 : Applicable Law and the Jurisdiction Concerned
These General Conditions of Sale and the contractual relations between the Parties are subject to French law.
Disputes that may arise in the context of the contractual relationship established between the Customer and the Seller shall be resolved, as far as possible, amicably.
In the absence of an amicable settlement within a period of three months from the seizing of one of the parties, all disputes to which the General Conditions could give rise, concerning both their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the Paris court.
www.bellelaideparis.com is edited and distributed by:
Head office: 24 ter rue Dalayrac, Fontenay sous bois, France
Registered in the Creteil Trade and Companies Register under the number: 841487663
Siret : 84148766300012
APE Code : 4771Z
The Website in its entirety is considered to be the exclusive property of Bellelaideparis. No reproduction or representation can be made without the prior written consent of Bellelaideparis. Bellelaideparis does not warrant the accuracy and completeness of the information given on the Website and the editor cannot be held liable for any error. If you notice some errors, please report them to: : email@example.com. Bellelaideparis reserves the right to correct the content at any time without notice.