Terms and Conditions of Sale
PREAMBLE
The General Terms set out herein are applicable to legal operations in connection with products commercialized by to its clients on 's virtual boutique.
DEFINITIONS :
The following words and expressions shall have the meaning hereinafter assigned to them:
Internet Boutique: shall designate 's Internet site on which the Products are presented and sold to clients.
Sales Order: shall designate the sales contract concluded between and the client of 's Internet Boutique.
Product Index Card: shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products: shall designate all goods and services sold by on 's Internet Boutique.
Service: shall designate the selling of Products by Byzance to clients of 's Internet Boutique.
Transaction: shall designate all operations, secure processing, authorizations and agreements pertaining to the payment of the price of Products ordered by credit card.
ARTICLE 1 - PURPOSE
The purpose of the General Terms contained herein is to define the terms and conditions according to which offers and sells Products to its clients.
These General Terms and Conditions of Sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in advance in writing.
ARTICLE 2 - ACCEPTANCE OF CONDITIONS
The client acknowledges having read and understood, at the time of placing the Sales Order, the present General Terms and Conditions of Sale, and expressly declares having accepted them unreservedly.
The present General Terms and Conditions of Sale govern the contractual relationship between Groupe Byzance and its customer, and are accepted unreservedly by both parties.
ARTICLE 3 - PRODUCTS
The majority of products offered by the Byzance Group to its customers are immediately available.
However, all products marketed by the Byzance Group may or may not be sold online.
ARTICLE 4 - ORDER
The automatic registration systems are considered as proof of the nature, content and date of the Sales Order.
The Groupe Byzance will confirm the acceptation of the Sales Order by sending a confirmation message to the client's e-mail address. The sale will only be concluded once the Order confirmation has been sent.
The Groupe Byzance reserves the right to refuse or cancel any Sales Order placed by a client, notably in the case of the client's insolvency, or in the event of non-payment of the Sales Order in question or of a previous delivery, or in the event of a dispute relative to the payment of a previous order.
The client is exclusively responsible for any information that he or she provides when making the Sales Order. The client is exclusively responsible for any information that he or she provides when making the Sales Order. shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
ARTICLE 5 - DELIVERY
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, will ship the Product(s), under responsibility, to the client or recipients address within workdays.
All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that shall in no way be held responsible for making said payments.
Customers or recipients of Products agree not to resell all or part of the Products.
Delivery will be made by our own couriers or Chronopost at our convenience.
Our delivery rates are available by clicking on Delivery or in the footer of our website.
In the event of late delivery exceeding seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, cancel the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days of the delivery date initially stipulated in the contract.
On receipt of the Products ordered, the customer or recipient must check that the goods delivered are in good working order, and must familiarize himself/herself with the conditions of use set out in the instructions supplied. In the event of shortages, damage or breakage, the customer must return the goods by e-mail to commande@bellota-bellota.com, within a maximum of 48 hours.
Once this period has elapsed, no return or refund can be made.
Storage: the Customer undertakes to comply strictly with the conditions of storage and conservation of the products shown on the products. We cannot accept any liability whatsoever in the event of failure by our customers to comply with these instructions. Products stored at controlled temperatures are not returnable.
In the event of apparent defects, the customer benefits from the right of return under the conditions set out above.
For reasons of availability of the Products ordered, an Order may be subject to several successive deliveries to the customer.
Should the client require delivery of the Products ordered to two different addresses, 2 separate Sales Orders will need to be placed.
ARTICLE 6 - WITHDRAWAL
The consumer has a period of fourteen days to exercise his/her right of withdrawal from a distance contract. In this case, the customer must return the Products in new and undamaged condition, together with all accessories, user manuals and documentation to the following address:
Download the withdrawal form and send it to us by e-mail at commande@bellota-bellota.com or by post to : Groupe Byzance, 27 rue Yves Kermen, 92100 Boulogne-Billancourt, France.
When the right of withdrawal is exercised, the professional is required to reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
- Exclusions
In accordance with articles L. 121-21-8, 3°, 4° and 5° of the French Consumer Code, the right of withdrawal does not apply to contracts concerning :
1) the supply of fresh produce and perishable goods,
2) the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
ARTICLE 7 - PRICE
Prices are expressed in euros (€).
The price indicated on the Product Sheets does not include shipping costs.
The price indicated in the Order Confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storing the Products, and the costs of transport and commissioning.
ARTICLE 8 - PAYMENT
The price invoiced to the Client is the price indicated on the Sales Order confirmation sent by Groupe Byzance.
The price of the Products is payable in cash by one of the means of payment proposed on the Site on the day the Sales Order is placed.
The Sales Order validated by the customer will only be considered effective once the secure bank payment center has given its agreement to the transaction and, where applicable, once the insurer has accepted to cover the risk.
ARTICLE 9 - APPLICABLE LAW
These general terms and conditions of sale are governed by French law.
ARTICLE 10 - LIABILITY
The Byzance Group shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products.
Groupe Byzance's liability shall in any event be limited to the amount of the order. In the event of difficulties in the application of the present contract, the customer and the Byzance Group reserve the right, prior to any legal action, to seek an amicable solution.
In addition to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, the consumer may choose to bring the matter before the court of the place where he or she resided at the time the contract was concluded or at the time the harmful event occurred.
Response: 48 working hours.
Finally, if the customer is not satisfied with Groupe Byzance's response, he/she may refer the matter to the Médiateur du Commerce Coopératif et Associé at the following address (by sending a letter acknowledging receipt to the parties): FCA - 77, rue de Lourmel - 75015 Paris
ARTICLE 12 - LEGAL INFORMATION
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and routing of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of personal data relating to customers has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).
Customers have the right to access, modify, rectify and delete data concerning them (article 34 of the French law of January 6, 1978), which they may exercise by contacting Babylone19 and its partners. Furthermore, Groupe Byzance undertakes not to communicate, whether free of charge or in exchange for payment, customer details to third parties.