General Terms and Conditions of Sale
PREAMBLE
These Terms and Conditions of Sale (hereinafter the "T&Cs") apply to legal transactions relating to products marketed to its customers by BYZANCE SAS, within its virtual shop.
BYZANCE, SAS with a capital of €81,801 – Siret No. 401 031 364 00029 – RCS Nanterre – Intracommunity VAT: FR 00 401 031 364
Contact details: BYZANCE – Head office: 27 Rue Yves Kermen – 92100 Boulogne-Billancourt – Tel: +33 1 46 09 90 94 – contacts@bellota-bellota.com
DEFINITIONS
The words or expressions below shall have the following meanings in the context hereof:
Online Shop: refers to the website of BYZANCE SAS on which the Products are presented and sold to customers.
Order: refers to the sales contract concluded between BYZANCE SAS and the customer of the Online Shop.
Product Sheet: refers to the information relating to a product provided by BYZANCE SAS when it is put up for sale.
Products: refers to all goods and services offered for sale by BYZANCE SAS.
Service: refers to the sale of Products by BYZANCE SAS.
Transaction: refers to all secure operations related to the payment of Products.
ARTICLE 1 – PURPOSE
The purpose of these T&Cs is to define the conditions under which BYZANCE SAS offers and sells its Products to its customers.
They shall prevail over any other conditions, unless expressly agreed otherwise in writing.
ARTICLE 2 – ACCEPTANCE OF THE TERMS
The customer acknowledges having read these T&Cs at the time of placing the Order and accepting them without reservation.
ARTICLE 3 – PRODUCTS
The majority of Products are available immediately; however, some may only be offered in physical boutiques.
Photographs and visuals of the Products are presented for illustrative purposes only. Despite the care taken in their presentation, slight differences may exist with the delivered Products, without affecting their essential characteristics.
ARTICLE 4 – ORDER
The computerized registers kept by BYZANCE SAS under reasonable security conditions are considered as proof of communications, Orders, and payments between the parties, unless proven otherwise.
The sale is concluded upon dispatch of a confirmation email by BYZANCE SAS.
BYZANCE SAS reserves the right to refuse or cancel any Order in the event of non-payment, insolvency, or a prior dispute.
The information provided by the customer is binding. BYZANCE SAS cannot be held responsible for entry errors.
ARTICLE 5 – PRODUCT AVAILABILITY
In the event that one or more Products are out of stock after the Order has been placed, BYZANCE SAS undertakes to inform the customer as far as possible and as soon as practicable.
Depending on the situation, several solutions may be proposed:
Wait for replenishment when it occurs within a reasonable timeframe,
Replace the Product with an item of equivalent quality and price,
Ship the rest of the Order without the missing Product when no replenishment date is known.
The customer may then choose between the issuance of a credit voucher, a refund for the unavailable Product, or its subsequent shipment upon replenishment.
ARTICLE 6 – DELIVERY
After confirmation of the Order and receipt of payment, BYZANCE SAS undertakes to ship the Products to the address indicated by the customer as soon as possible.
The Products are intended for strictly personal use.
Delivery is carried out by internal couriers of the company, by Chronopost, or by any other delivery service provider used by BYZANCE SAS.
Delivery costs can be consulted on the website.
In the event of a delivery delay exceeding seven (7) days, the customer may cancel the sale by registered letter with acknowledgment of receipt within sixty (60) working days.
Upon receipt, the Customer is invited to check the apparent condition of the Products. In the event of an anomaly (damage, missing product, damaged package, etc.), it is recommended to inform BYZANCE SAS within 48 hours by sending relevant photographs. This process facilitates the processing of the claim and is without prejudice to the legal warranties enjoyed by the Customer.
The transfer of risk occurs at the moment when the Customer, or a third party designated by them, takes physical possession of the Products.
Storage
The customer undertakes to comply with the indicated storage conditions. BYZANCE SAS cannot be held responsible for consequences resulting from improper storage of Products after delivery when the recommended storage conditions have not been met.
Products requiring temperature-controlled conditions are neither returned nor exchanged, except in cases of non-conformity or defects engaging legal warranties.
If the customer wishes to have the ordered Products delivered to two separate addresses, two separate Orders must be placed.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with Article L221-18 of the French Consumer Code, the customer has a period of fourteen (14) days to exercise their right of withdrawal. The right of withdrawal can be exercised using the standard form available on the website or by any unambiguous statement expressing the Customer's wish to withdraw.
The form must be sent by email to contacts@bellota-bellota.com or by mail to: BYZANCE SAS – 27 rue Yves Kermen – 92100 Boulogne-Billancourt.
The refund will be made within a maximum period of fourteen (14) days.
Unless otherwise agreed by BYZANCE SAS, the return shipping costs of the Products remain at the Customer's expense.
The Customer has fourteen (14) days from the communication of their decision to withdraw to return the Products.
The Customer's liability can only be engaged in the event of depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics, and proper functioning.
Exclusions
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to:
- Fresh and perishable Products, liable to deteriorate or expire rapidly;
- Products unsealed for hygiene reasons.
ARTICLE 8 – PRICES
The applicable prices are those in force on the day the Order is validated. They are expressed in euros (€), inclusive of all taxes (TTC), at the VAT rate applicable on the date of the Order.
Delivery costs are indicated prior to Order validation.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering.
The Order becomes final only after validation of payment by the banking institution.
Payments are made through a secure payment system ensuring the confidentiality of the Customer's banking data.
ARTICLE 10 – EXTENDED PRODUCER RESPONSIBILITY (EPR)
In accordance with the provisions of Articles L. 541-10 et seq. of the French Environmental Code relating to Extended Producer Responsibility (EPR), the Seller is registered with ADEME for the Household Packaging and Graphic Paper sector.
As such, its unique identification number (IDU) is as follows:
EPR IDU Household Packaging and Graphic Paper: FR521452_01BWKS
This identification number certifies that the Seller complies with its registration obligations with ADEME for the sector concerned, in accordance with applicable regulations. It is provided for transparency purposes and does not constitute proof of membership in a Producer Responsibility Organization (PRO) or product compliance beyond applicable legal obligations.
ARTICLE 11 – APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law.
ARTICLE 12 – LIABILITY
BYZANCE SAS cannot be held responsible for damages resulting from misuse, inappropriate storage, or non-compliant use of the Products.
BYZANCE SAS shall not be held liable when the non-performance or improper performance of the contract is attributable to the Customer, to an unpredictable and insurmountable act of a third party to the contract, or to a case of force majeure.
These provisions shall not have the effect of depriving the Customer of the legal warranties to which they are entitled pursuant to the provisions of the French Consumer Code and the French Civil Code.
ARTICLE 13 – WARRANTY AND MEDIATION
Products sold by BYZANCE SAS benefit from the legal warranty of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code as well as the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code. Legal warranties apply independently of any commercial warranty that may be granted.
When acting under the legal warranty of conformity, the Customer benefits from the rights provided by applicable legal provisions.
Any request relating to legal warranties may be addressed to BYZANCE SAS customer service:
Phone: +33 1 46 09 90 94
Email: commande@bellota-bellota.com
BYZANCE SAS undertakes to acknowledge receipt of requests as soon as possible, and in principle within 48 business hours.
In the event of an unresolved dispute with customer service, consumer Customers may refer the matter free of charge to a consumer mediator in accordance with Articles L. 611-1 et seq. of the French Consumer Code.
The Customer may contact:
FCA – Fédération du Commerce Coopératif et Associé
77 rue de Lourmel – 75015 Paris
Recourse to mediation is free of charge for the Customer and does not prevent their right to bring the matter before competent courts.
ARTICLE 14 – PERSONAL DATA
Personal data collected by BYZANCE SAS is necessary for processing Orders, their follow-up, managing customer relations, as well as complying with applicable legal and regulatory obligations.
Processing is carried out in accordance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Law No. 78-17 of January 6, 1978, as amended.
The Customer has the right to access, rectify, erase, limit processing, object, as well as the right to data portability, under the conditions provided by applicable regulations.
These rights may be exercised with BYZANCE SAS according to the procedures specified in the Privacy Policy available on the website.
For more information on personal data processing, retention periods, and terms of exercising rights, the Customer is invited to consult the Privacy Policy available on the website.