General Terms and Conditions of Sale – Version 1.2 dated June 30, 2014 – Updated 15:30
1) LEGAL NOTICES
These terms of sale are entered into, on the one hand, by the company ADA (owner of www.boutique-bdesign.com) with a share capital of 7622.45 euros, whose registered office is in Lyon, registered with the Lyon Trade and Companies Register under SIRET number 309 857 969 00039, hereinafter referred to as "ADA", and on the other hand, by any natural or legal person wishing to make a purchase from the company "ADA", hereinafter referred to as "the buyer".
The publisher can be reached by telephone at 04.78.47.85.05 or by email at the following address: commande@boutique-bdesign.com
Intra-community VAT No.: FR27309857969
Publication Director and Head of Editing: Grégory BRAND
Website hosting by the company Presence-PME, represented by its manager Luc Berland, 2 rue Germinal 69740 Genas +33 478 90 67 26 Web: http://www.presencepme.com/
2) PURPOSE
These terms of sale aim to define the contractual relationship between B-DESIGN and the buyer and the conditions applicable to any purchase made from the company B-DESIGN, whether the buyer is a professional or a consumer.
The acquisition of a good or service implies unreserved acceptance by the buyer of these terms of sale.
These terms of sale shall prevail over any other general or specific conditions not expressly approved by B-DESIGN.
B-DESIGN reserves the right to modify its terms of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
Subscribing to a contract governed by these general conditions with the publisher of this site implies the user's acceptance of the said general terms and conditions of sale. The user acknowledges having full knowledge of them. This acceptance will consist of the user validating these general conditions.
The user acknowledges the evidentiary value of the automatic recording systems of the publisher of this site and, unless they provide proof to the contrary, they waive the right to contest them in the event of a dispute.
Acceptance of these general conditions assumes that users enjoy the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
3) ORDERING MODALITIES AND PURCHASE PROCESS
Products are sold within the limit of available stocks. Product availability is indicated on the site, in the description sheet of each item.
In order to satisfy the provisions of the Law on Confidence in the Digital Economy of June 21, 2004, the ordering process is described below:
In order to place an order, the user may select one or more products and add them to their cart. When the order is complete, they can access their cart by clicking on the button provided for this purpose. By consulting their cart, the user will have the opportunity to check the number and nature of the products they have chosen and can check their unit price as well as the overall price of the order. They will have the option to remove one or more products from their cart. On this summary, the user will be informed of whether or not they have the right to exercise their right of withdrawal, as well as the applicable deadlines.
If the order suits them and they wish to validate it, the user can click on the validation button; they will then access a form in which they can either enter their login ID if they already have one or register on the site by completing the form presented to them with their personal information.
Once connected or after having perfectly completed the form, the user will be invited to check or modify their delivery and billing details, to read and validate these conditions, to confirm their order, and will then be invited to make their payment by being redirected for this purpose to the secure payment interface.
Once the payment is effectively received by the site publisher, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Similarly and within the same timeframe, the publisher undertakes to send the user a summary email of the order to confirm its processing and to communicate all information relating to the order.
4) TARIFFS – PRODUCT PRICES, TAXES AND DELIVERY COSTS
The prices indicated on the site are in Euros, all taxes included, and excluding delivery costs. The prices are firm, without discount, rebate, or reduction. These prices may be modified at any time by the publisher; the displayed prices are only valid on the day of the order and do not have effect for the future. The price applicable to the customer is the one in force at the time of the order.
Delivery costs will, in any event, be indicated to the customer before any payment.
In the event of delivery outside the European Union and to French Overseas Territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any event be at the user's expense. It is therefore the user's responsibility to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. Risks are transferred to the customer upon delivery of the products.
5) PAYMENT
The internet user can place an order on this site and can make their payment by bank card, check, or bank transfer.
Bank card payments are made using secure transactions provided by the service provider: BNP.
In the context of bank card payments, the publisher of this site has no access to any data relating to the customer's means of payment.
The delivery times defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof by any means. Failing to receive the customer's payment within eight days of the order, the order will be cancelled and the products put back for sale on the site.
Failure to pay any sum due to the publisher by its due date will result in the collection of penalties equal to (3) three times the legal interest rate, to which will be added a flat-rate indemnity of 40 euros for collection costs. These penalties will be due from the day following the due date of the unpaid sums, without prior notice.
6) CUSTOMER SERVICE AND RIGHT OF WITHDRAWAL
a) Customer service
The customer service of this site is accessible from Monday to Friday from 9 am to 5:30 pm at the following non-premium rate telephone number: 04.78.47.85.05, by email at the following address commande@boutique-bdesign.com or by post at the following address: B-Design, 8 rue Albert Falsan, 69450, Saint Cyr au mont d'or. In the latter two cases, the publisher undertakes to provide a response within two working days.
b) Right of withdrawal and return of products
Consumers have a period of 14 clear days from the date of receipt of the package to request a refund. To exercise this right, they simply need to notify the publisher using the withdrawal form at the end of the general conditions or an unambiguous statement.
In the event of withdrawal, the publisher will refund the customer for the sums paid, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a delivery method other than the cheaper standard delivery method offered by the publisher) as soon as possible and at the latest 14 days from the receipt of the product or proof of shipment of the product, whichever is earlier.
The return must be made (at the customer's expense) no later than 14 days from the notification of withdrawal. Any return must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale. The customer's liability will only be engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of this good.
c) Specific cases of personalized products
B-DESIGN carries out custom personalizations such as helmet paintings.
In accordance with the provisions of Article L121-21-8 of the Consumer Code, consumers may under no circumstances claim to exercise any right of withdrawal for orders of all clearly personalized products or products made according to their specifications.
7) WARRANTY FOR PRODUCTS PURCHASED ON THIS SITE
In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of the Civil Code regarding the legal warranty against hidden defects, a period of two years from the discovery of said defect to request the exchange or refund of the product, and, in application of Article L211-5 of the Consumer Code, they will have a period of two years from the receipt of said product to request its repair or refund, in the event that the delivered good is not compliant, within the meaning given to this word by the aforementioned article. To exercise one of these rights, it will be up to the customer to contact the publisher's customer service.
Certain items acquired on this site benefit, in addition to the warranty for hidden defects defined by the Civil Code and the warranty of conformity imposed by Article L211-5 of the Consumer Code which are, where applicable, always applicable to them and which are defined above, from a conventional warranty offered by the seller or the manufacturer, the duration of which may vary according to the product, and which will notably be detailed on the description sheet and the instructions for use of the product.
8) DELIVERY OR AVAILABILITY
Immediate validation for bank card payments. For other means of payment, bank transfer or check, orders are validated upon receipt of payment. Orders are shipped only after validation. Only orders placed before 2 pm can claim to leave the same day (subject to item availability).
a) Delivery time
Orders are delivered by Colissimo (with or without insurance), Chronopost (with or without insurance), or any carrier designated by the publisher within a period of 3 working days from the perfect collection of the price corresponding to the consideration, by the seller.
Certain products or certain order volumes may nevertheless justify a longer delivery time; express mention will be made to the user upon validation of the order.
b) Damage and partial loss
In the event of delivery of a package that is clearly and visibly deteriorated, incomplete, or contains damaged items, it is the customer's responsibility to refuse it in order to enjoy the warranty offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared and then shipped upon receipt of the returned deteriorated package. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.
Similarly, the user must refuse any incomplete package or one containing damaged items. Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of transported items extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following that of this receipt, the recipient has not notified the carrier, by registered letter, of their reasoned protest. Failing to carry out this formality, the user cannot be compensated.
9) USER ACCOUNT
a) Creation
The creation of a user account is an essential prerequisite for any order from a user. To this end, the user will be invited to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of cancellation of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract and its collection will be essential for the creation of the account and the validation of the conclusion of the contract. A user's refusal to provide said information will prevent the creation of the user account as well as, incidentally, the validation of the order.
b) Functioning
This space allows the user to consult all their orders placed on the site, and also allows them, if necessary, to track the delivery of purchased products.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical failure, or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no evidentiary value but only an informative nature. The publisher undertakes, however, to securely store all contractual elements whose conservation is required by law or current regulations.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (notably, but without this example being exhaustive, when the user has knowingly provided erroneous information during their registration and the constitution of their account) or any account inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded user who cannot claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for the publisher, to undertake legal proceedings against the user, when the facts justify it.
c) Password
When creating the user account, the user will be invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in their account and they therefore refrain from transmitting or communicating it to a third party. Failing this, the site cannot be held responsible for unauthorized access to a user's account.
10) EXEMPTION FROM THE PUBLISHER'S LIABILITY
a) Accessibility to the site and force majeure
In case of inability to access the site due to technical problems or any nature, the user cannot claim damage and cannot claim any compensation.
The unavailability, even prolonged and without any limit of duration, of one or more products, cannot be constitutive of a prejudice for the user and cannot in any way give rise to the awarding of damages from the site or its publisher.
The publisher can in no way be held responsible for the non-performance of the contract that may be attributable to a case of force majeure, within the meaning given to it by the jurisdictions of French law.
b) Visual representation of products
The visual representations of products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, given the current state of technology, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer station to another or differ from reality according to the quality of the graphic accessories and the screen or according to the display resolution. These variations and differences cannot under any circumstances be attributed to the publisher, who can in no way be held responsible for this.
c) Products sold on the site
The publisher undertakes to respect all applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The publisher of this site can in no case be held responsible for the misuse of products, poor maintenance of products, accidental damage, or abusive use of products.
The products offered for sale on the site being sold uninstalled, the user declares to take care of the installation of the products themselves, which they must carry out according to professional standards and in accordance with the instructions for use.
d) Hypertext links
The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes current legislation. Similarly, the responsibility of the publisher of this site cannot be engaged if the user's visit to one of these sites causes them prejudice.
11) PROVISIONS RELATING TO THE DATA PROTECTION ACT
a) General – Purpose – Duration
The user has the free option to provide personal information about themselves. The provision of personal information is not essential for navigating the site. On the other hand, registration on this site implies the collection by the publisher of a certain amount of personal information concerning the user. Users not wishing to provide the information necessary for the creation of a user account will not be able to place an order on this site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher's respect for its contractual obligations. This data is kept by the publisher in this sole capacity, and the publisher undertakes not to use it in another context, nor to transmit it to third parties, without the express agreement of users or cases provided for by law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable time necessary for the proper administration of the site and for normal use of the data. These data are kept under secure conditions, according to current technological means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
b) Right of access, rectification, and opposition
In accordance with the Data Protection Act, the user has a right of opposition, interrogation, access, and rectification of the data they have provided. To do this, they simply need to make a request to the publisher of this site, by formulating it at the following email address: commande@boutique-bdesign.com, or by post to the address of the publisher's headquarters mentioned at the top of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the site publisher.
The person in charge of processing is commande@boutique-bdesign.com. CNIL declaration number: 1096308
c) IP Address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) or to any person (on judge's order). The IP address of any computer can be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).
12) PROVISIONS RELATING TO THE COLLECTION OF "COOKIES"
a) General – Purpose – Duration
In order to allow the user optimal navigation on this site as well as better functioning of the various interfaces and applications, the publisher may proceed with the implementation of a cookie on their computer station. This cookie allows the storage of information relating to navigation on the site (date, page, times), as well as any data entered by the user during their visit (searches, login, email, password). These cookies are intended to be kept on the user's computer station for a variable duration of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.
b) Right of opposition to the implementation of the cookie
The user has the possibility to block, modify the duration of conservation, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents them from using certain services or features provided by the publisher, this malfunction can in no way constitute damage for the user, who cannot claim any compensation for this fact.
c) Deletion of cookies
The user also has the possibility to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action does not affect their navigation on this site but makes the user lose all the benefit brought by the cookie. In this case, they will have to re-enter all information concerning them.
13) INTELLECTUAL PROPERTY ON SITE ELEMENTS
All elements constituting this site belong to the publisher or are subject to an operating authorization and are protected by legislation relating to intellectual property.
The user therefore recognizes that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings brought against them by the publisher or its rights holders.
This protection will cover all textual and graphic content of the site, but also its structure, its name, and its graphic charter.
Similarly, the user recognizes being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.
14) GENERAL PROVISIONS AND APPLICABLE LAW
a) Modification of the general conditions
These general conditions can be modified at any time by the site publisher or its representative. The general conditions applicable to the user are those in force on the day of their order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
b) Applicable law and competent jurisdictions
These general conditions are subject to the application of French law and the exclusive competence of French courts. The language of the contract is French; any version available in a foreign language on the site is for information purposes only. Similarly, this site may be translated into various languages to facilitate the navigation of non-French-speaking users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE QUALITY OF A MERCHANT, WITHIN THE MEANING GIVEN TO IT BY THE JURISDICTIONS OF FRENCH LAW, EXCLUSIVE COMPETENCE IS ATTRIBUTED TO THE COURTS WITHIN THE JURISDICTION OF WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for public order provisions, all disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the site publisher's assessment with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the deadlines set for initiating legal actions.
d) Severability
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.
e) Non-waiver
The fact that the parties do not rely on a temporary or permanent basis on one or more clauses of these general conditions shall in no case entail a waiver to rely on the rest of the general conditions.
If a consumer wishes to cancel their order, they can use the form below or fill out the online form.
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ORDER CANCELLATION
Consumer Code art. L. 121-17
Conditions:
- Print, complete, and sign the form below
- Use the address on the back
- Send it at the latest on the fourteenth day from the day of receipt of the package or acceptance of the offer for service provision contracts; if this period normally expires on a Saturday, Sunday, or a public holiday or non-working day, the first following working day
I, the undersigned, declare to cancel the order below:
* Nature of the goods or service ordered: ........................................................
* Date of the order: ..........................................................
* Customer name: ............................................................
* Customer address: ............................................................
CUSTOMER SIGNATURE:
NAME:
ADDRESS:
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