GENERAL CONDITIONS OF SALE |
These general terms and conditions of sale (hereinafter referred to as the “General Terms”) apply to any purchase made by a natural person (hereinafter referred to as the “CUST”) on the website https://baiedescaps.com/en/ (hereinafter the "SITE") with BAIES DES CAPS SAS, SAS registered in the register of trade and companies 849741970 under number 849741970, having its head office 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER, France Tel: 02 96 27 31 08, email: [email protected] (hereafter the "VENDEUR").
Any order placed on the Site necessarily implies the unconditional acceptance of the CLIENT of these Terms and Conditions
ARTICLE 1. DEFINITIONS
The following terms are used in these General Conditions:
- CLIENT : means the partner of the SENDER, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside of any ordinary or commercial activity.
- « LIVRAISON » : means the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated during the order.
- PRODUCTS : means all products available on the SITE.
- FRIGER : means Metropolitan FRANCE (except DOM/TOM).
ARTICLE 2. OBJET
These General Conditions govern the sale of PRODUCTS by the SENDER.
The CLIENT is clearly informed and recognizes that the SITE is for consumers and that professionals must contact the VENDEUR commercial service in order to benefit from separate contractual conditions
The CLIENT is clearly informed and recognizes that the SITE is for consumers and that professionals must contact the VENDEUR commercial service in order to benefit from separate contractual conditions
ARTICLE 3. ACCEPTATION OF GENERAL CONDITIONS
The CLIENT undertakes to carefully read these Terms and Conditions and accept them before making the payment of an order of PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print and retain a copy of the Terms.
The SENDER advises the SUSTOM to read the General Conditions to each new order, the latest version of the said Conditions for any new PRODUCTS order.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print and retain a copy of the Terms.
The SENDER advises the SUSTOM to read the General Conditions to each new order, the latest version of the said Conditions for any new PRODUCTS order.
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. ACHAT OF PRODUCTS ON THE SITE
In order to be able to buy a PRODUCT, the PRODUCT must be at least 18 years of age and have the legal capacity or, if a minor, be able to justify the agreement of its legal representatives.
The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed so that the CLIENT command is processed by the SALE. The CLIENT can verify on the SITE the status of its order. Follow-up of LIVRAISONS may, if applicable, be performed using the online tracking tools of certain carriers. The CLIENT can also contact the VENDEUR commercial service at any time by e-mail at [email protected], in order to obtain information on the status of its order.
The information that the CLIENT provides to the SALE during an order must be complete, accurate and up-to-date. The SENDER reserves the right to request the SALE to confirm, by any appropriate means, its identity, its eligibility and the information provided.
The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed so that the CLIENT command is processed by the SALE. The CLIENT can verify on the SITE the status of its order. Follow-up of LIVRAISONS may, if applicable, be performed using the online tracking tools of certain carriers. The CLIENT can also contact the VENDEUR commercial service at any time by e-mail at [email protected], in order to obtain information on the status of its order.
The information that the CLIENT provides to the SALE during an order must be complete, accurate and up-to-date. The SENDER reserves the right to request the SALE to confirm, by any appropriate means, its identity, its eligibility and the information provided.
ARTICLE 5. COMMANDES
Article 5.1. Product characteristics
The SENDER undertakes to present the essential characteristics of PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the SUSTAIN must receive under the applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SENDER are new and in accordance with current European legislation and applicable standards in France.
Article 5.2.Control procedure
PRODUCTS orders are directly placed on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT start page, the steps may slightly differ).
5.2.1. Selection of PRODUCTS and Shopping Options
The CLIENT will have to select the PRODUCT(s) of its choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the basket of the PRODUCT. The latter can then add to his basket as many PRODUCTS as he wishes.
5.2.2. Commands
Once the PRODUCTS is selected and placed in its shopping cart, the CLIENT must click on the cart and check that the content of its order is correct. If the CLIENT has not yet done so, it will then be invited to identify or register.
Once the CLIENT has validated the contents of the basket and it has been identified / entered, it will appear to its attention an online form completed automatically and summarizing the price, applicable taxes and, where applicable, shipping costs.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the ordered PRODUCTS, the billing address, the payment method and the price) before validating its content.
The SUSTAIN may then proceed to the payment of PRODUCTS by following the instructions on the SITE and provide all necessary information for the invoice and DELIVERY of PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected. Past orders must include all the information necessary for the proper processing of the order.
The CLIENT must also select the chosen delivery mode.
5.2.3. Receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT command. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the email address provided through the registration form is correct .
The SENDER does not send any order confirmation by mail or by fax.
5.2.4. Billing
During the ordering procedure, the CLIENT will have to enter the information necessary for the billing (the sign (*) will indicate the mandatory fields to be completed so that the CLIENT command is processed by the SALE).
In particular, the CLIENT must clearly indicate all information relating to the LIVRAISON, in particular the exact address of LIVRAISON, as well as any access code to the LIVRAISON address.
The CLIENT must also specify the means of payment chosen.
Neither the order form which the CLIENT establishes online, nor the acknowledgement of receipt of the order sent to the CLIENT by e-mail constitutes an invoice. Whatever the order or payment method used, The CLIENT will have access to its invoice as soon as the parcel is shipped, by logging into its customer account.
5.3.Order date
The order date is the date on which the SENDER acknowledges the order's online receipt. The deadlines on the SITE only begin to run from that date.
5.4.Price
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as applicable shipping costs (according to the weight of the package, excluding packaging and gifts, the address of LIVRAISON and the carrier or mode of transport chosen). The CLIENT, if it is professional, will see the prices displayed Hors Taxes, until the order ends. The 20% VAT is applicable and will be visible on the final invoice.
Prices include in particular the value-added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SALE suppliers are subject to change. Therefore, the prices shown on the SITE may change. They may also be modified in case of special offers or sales.
The prices shown are valid, except in gross error. The applicable price is that shown on the SITE on the date the order is placed by the SUSTAIN.
5.5.PRODUCT Availability
The professional undertakes to deliver the PRODUCT at the date or time specified in the PRODUCT, unless the parties have agreed otherwise.
The non-availability of an ITU is indicated on the relevant ITU PRODUCT page. CLIENTS may also be informed of the reassortment of a PRODUCT by the SALE.
In any event, if the unavailability was not indicated at the time of the order, the SALE will inform the SUSTAIN without delay if the PRODUCT is not available.
In the case that an PRODUCT is not available, the SALE can, and if the parties agree, propose an alternative PRODUCT of quality and equivalent prices, accepted by the SUSTAIN.
If the CLIENT decides to cancel its order of Unavailable PRODUCTS, it will be reimbursed for all amounts paid for Unavailable PRODUCTS no later than thirty (30) days of payment.
5.6.Return of PRODUCTS in case of size error
If the CLIENT finds that the ordered PRODUCT is not appropriate due to a size error, the CLIENT may request a return (offert in Metropolitan France) to obtain a lower or higher size, within a period of not more than 14 days
The PRODUCT should not have been worn and will be returned under the same packaging conditions as the shipment.
The new shipment is offered to the CLIENT, within the limit of a return trip, still in Metropolitan France.
The professional undertakes to deliver the PRODUCT upon receipt of the return package.
ARTICLE 6. LAW OF RETRACTATION
The terms and conditions of the right of withdrawal are set out in the "Withdrawal policy", which is available at Annex 1 present.
ARTICLE 7. PAYMENT
7.1.Methods of payment
The CLIENT can pay its PRODUCTS online on the SITE according to the means proposed by the SALE.
The CLIENT guarantees to the SENDER that it holds all the necessary authorizations to use the chosen payment method.
The SENDER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is therefore specified that all information relating to the payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
The security of payments in 3 times is ensured by Alma and its providers. All payments are protected by 3D Secure. By paying several times with Alma the Customer does not pay any fees. Alma is a telepayment manager and will issue an electronic certificate that will demonstrate the amount and date of the transaction in accordance with the provisions of sections 1316 et seq. of the Civil Code.
- by payment in 3 times available between 125€ and 2.000€ via our partner Alma
7.2.Payment date
In case of a single payment by credit card, the CLIENT account will be debited from the order of PRODUCTS placed on the SITE.
In the event of a partial DELIVERY, the total amount will be debited from the CLIENT account as soon as the first parcel is shipped. If the CLIENT decides to cancel its order for Unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7.3.Delay or refusal to pay
If the bank refuses to debit a card or other means of payment, the CLIENT will have to contact the Customer Service of the SALE in order to pay the order by any other valid means of payment.
In the case that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow due by the CLIENT would prove impossible, ordered would be cancelled and the sale automatically terminated.
ARTICLE 8. FIRST AND ARCHIVED
Any contract with the CLIENT corresponding to an order of more than 120 euros including VAT will be archived by the SENDER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SENDER agrees to archive this information in order to track the transactions and to produce a copy of the contract at the request of the SUSTAIN.
In the event of a dispute, the SENDER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The SENDER agrees to archive this information in order to track the transactions and to produce a copy of the contract at the request of the SUSTAIN.
In the event of a dispute, the SENDER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF PROPERTY
The SALE remains the owner of the PRODUCTS delivered to their full payment by the SUSTOM.
The above provisions do not constitute an obstacle to the transfer to the CUSTOMER, at the time of receipt by the CUSTOM, or by a third party designated by the CUSTOM other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the ownership reserve, as well as the risks of damage that they may entail.
The above provisions do not constitute an obstacle to the transfer to the CUSTOMER, at the time of receipt by the CUSTOM, or by a third party designated by the CUSTOM other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the ownership reserve, as well as the risks of damage that they may entail.
ARTICLE 10. LIVRAISON
The terms and conditions of PRODUCTS DELIVERY are set out in the "delivery policy" referred to in Annex 2 present and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 11. PACKING
PRODUCTS will be packaged in accordance with existing transport standards to ensure maximum protection for PRODUCTS during the DELIVERY. CLIENTS undertake to meet the same standards when they return PRODUCTS under the conditions set out in Annex 1 – mPolitics of withdrawal.
ARTICLE 12. GARANTIES
Apart from the commercial guarantees that the SENDER may offer for certain PRODUCTS, any Customer shall be entitled to "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code
Article 12.1. Compliance guarantee
Article L. 217-4 of the Consumer Code The seller delivers a good in accordance with the contract and responds to existing compliance defects during the grant. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility..
Article L.217-5 of the Consumer Code : « The property is in accordance with the contract : 1° If it is specific to the usually expected use of a similar property and, if applicable: - if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately wait with regard to public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted".
The SALE is likely to respond to existing compliance defects during delivery and compliance defects resulting from the packaging, installation instructions or installation when it has been loaded or carried out under its responsibility.
The action resulting from the failure to comply is prescribed by two (2) years from the issuance of the PRODUCT (Article L.217-12 of the Consumer Code)
In the event of a lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the SUSTAIN is clearly disproportionate to the other option, given the value of the PRODUCT or the importance of the default, the SALE will be able to repay, without following the option chosen by the Customer.
In the case that a replacement or repair would be impossible, the SENDER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the SUSTAIN to the following address 2 Starting Allée - 22650 BEAUSSAIS SUR MER.
Finally, the CLIENT is exempt from reporting evidence of the lack of compliance of the PRODUCT during the twenty-four (24) months following the issuance of the PRODUCT except for used goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal compliance guarantee applies independently of the commercial warranty granted, if any, on PRODUCTS.
The SENDER is bound by the guarantee due to the hidden defects of the PRODUCT sold that make it unfit for the use to which it is intended, or that so diminish this use that the SUSTAIN would not have acquired it, or would have given it only a lesser price, if it had known them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT which can prove the existence of a hidden vice to choose between the refund of the PRODUCT price if it has returned and the refund of part of its price, if the PRODUCT is not returned.
In the case that a replacement or repair would be impossible, the SENDER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the SUSTAIN to the following address 2 Starting Allée - 22650 BEAUSSAIS SUR MER. The action resulting from the redhibitral defects must be brought by the CLIENT within two (2) years from the discovery of the vice. (Subparagraph 1 of Article 1648 of the Civil Code)
Article L.217-5 of the Consumer Code : « The property is in accordance with the contract : 1° If it is specific to the usually expected use of a similar property and, if applicable: - if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately wait with regard to public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted".
The SALE is likely to respond to existing compliance defects during delivery and compliance defects resulting from the packaging, installation instructions or installation when it has been loaded or carried out under its responsibility.
The action resulting from the failure to comply is prescribed by two (2) years from the issuance of the PRODUCT (Article L.217-12 of the Consumer Code)
In the event of a lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the SUSTAIN is clearly disproportionate to the other option, given the value of the PRODUCT or the importance of the default, the SALE will be able to repay, without following the option chosen by the Customer.
In the case that a replacement or repair would be impossible, the SENDER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the SUSTAIN to the following address 2 Starting Allée - 22650 BEAUSSAIS SUR MER.
Finally, the CLIENT is exempt from reporting evidence of the lack of compliance of the PRODUCT during the twenty-four (24) months following the issuance of the PRODUCT except for used goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal compliance guarantee applies independently of the commercial warranty granted, if any, on PRODUCTS.
Article 12.2. Guarantee of hidden defects
The SENDER is bound by the guarantee due to the hidden defects of the PRODUCT sold that make it unfit for the use to which it is intended, or that so diminish this use that the SUSTAIN would not have acquired it, or would have given it only a lesser price, if it had known them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT which can prove the existence of a hidden vice to choose between the refund of the PRODUCT price if it has returned and the refund of part of its price, if the PRODUCT is not returned.
In the case that a replacement or repair would be impossible, the SENDER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the SUSTAIN to the following address 2 Starting Allée - 22650 BEAUSSAIS SUR MER. The action resulting from the redhibitral defects must be brought by the CLIENT within two (2) years from the discovery of the vice. (Subparagraph 1 of Article 1648 of the Civil Code)
ARTICLE 13. RESPONSIBILITY
In no case shall the VENDER’s liability be incurred in the event of a failure to perform or improper performance of the contractual obligations attributable to the CLIENT, particularly when the order is entered.
The SENDER shall not be held liable, or considered to have failed hereto, for any delay or failure to perform, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SENDER does not control websites that are directly or indirectly linked to the SITE. Accordingly, it excludes any liability for the information published therein. Links to third party websites are provided for information purposes only and no guarantee is provided for their content.
The responsibility of the SENDER may not be implemented if the non-performance or delay in the performance of any of its obligations described in this SCC arises from a case of force majeure.
There is a force majeure in contractual matters where an event beyond the control of the debtor, which could not be reasonably provided for in the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay warrants the resolution of the contract. If the incapacity is final, the contract is fully resolved and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the Civil Code.
As such, the VENDEUR’s liability may not be incurred, inter alia, in the event of an attack on computer pirates, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of any circumstance or event outside of the VENDER’s will acting after the conclusion of the VGCs and by preventing the normal performance.
It is specified that, in such a situation, the CLIENT cannot claim the payment of any compensation and cannot bring any appeal against the SENDER.
In the event of any of the above events, the SENDER will endeavour to inform the SUSTAIN as soon as possible.
The SENDER shall not be held liable, or considered to have failed hereto, for any delay or failure to perform, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SENDER does not control websites that are directly or indirectly linked to the SITE. Accordingly, it excludes any liability for the information published therein. Links to third party websites are provided for information purposes only and no guarantee is provided for their content.
ARTICLE 14. FORCE MAJEUR
The responsibility of the SENDER may not be implemented if the non-performance or delay in the performance of any of its obligations described in this SCC arises from a case of force majeure.
There is a force majeure in contractual matters where an event beyond the control of the debtor, which could not be reasonably provided for in the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay warrants the resolution of the contract. If the incapacity is final, the contract is fully resolved and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the Civil Code.
As such, the VENDEUR’s liability may not be incurred, inter alia, in the event of an attack on computer pirates, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of any circumstance or event outside of the VENDER’s will acting after the conclusion of the VGCs and by preventing the normal performance.
It is specified that, in such a situation, the CLIENT cannot claim the payment of any compensation and cannot bring any appeal against the SENDER.
In the event of any of the above events, the SENDER will endeavour to inform the SUSTAIN as soon as possible.
ARTICLE 15. PERSONAL RELATED
The SENDER collects personal data about its SITE, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.
The data collected by the SENDER are used to process orders placed on the SITE, manage the CLIENT account, analyze orders and, if the SALE has expressly chosen this option, send it commercial prospecting mails, newsletters, promotional offers and/or information on special sales, unless the SALE no longer wishes to receive such communications from the SENDER.
The CLIENT data are kept confidentially by the SENDER for the purposes of the contract, its execution and in accordance with the law.
CLIENTS may at any time unsubscribe by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be disclosed, in whole or in part, to the SALE service providers involved in the order process. For commercial purposes, the SENDER may transfer to its trading partners the names and contact details of its SLEVENTS, provided that they have expressly given their prior consent when registering on the SITE.
The SENDER will specifically ask CLIENTS if they want their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SENDER. The SENDER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Act No. 78-17 of 6 January 1978 on computerization of files and freedoms and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Regulation on the protection of data called the GDPR), the VENDEUR ensures the implementation of the rights concerned.
It is recalled that the CLIENT whose personal data are processed enjoys the rights of access, rectification, updating, portability and deletion of the information that concerns it, in accordance with the provisions of articles 39 and 40 of the amended Computer and Liberty Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 38 of the Law Informatique ' Libertés modifié and the provisions of article 21 of the GDPR, the CLIENT may also, on legitimate grounds, oppose the processing of the data concerning it, without cause and without charge.
CLIENT may exercise these rights by e-mailing to: [email protected] or by sending a mail to 2 Opening Allée - 22650 BEAUSSAIS SUR MER.
It is specified that the CLIENT must be able to justify its identity, either by scanning an identity document or by sending a photocopy of its identity document to the VENDEUR.
The data collected by the SENDER are used to process orders placed on the SITE, manage the CLIENT account, analyze orders and, if the SALE has expressly chosen this option, send it commercial prospecting mails, newsletters, promotional offers and/or information on special sales, unless the SALE no longer wishes to receive such communications from the SENDER.
The CLIENT data are kept confidentially by the SENDER for the purposes of the contract, its execution and in accordance with the law.
CLIENTS may at any time unsubscribe by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be disclosed, in whole or in part, to the SALE service providers involved in the order process. For commercial purposes, the SENDER may transfer to its trading partners the names and contact details of its SLEVENTS, provided that they have expressly given their prior consent when registering on the SITE.
The SENDER will specifically ask CLIENTS if they want their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SENDER. The SENDER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Act No. 78-17 of 6 January 1978 on computerization of files and freedoms and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Regulation on the protection of data called the GDPR), the VENDEUR ensures the implementation of the rights concerned.
It is recalled that the CLIENT whose personal data are processed enjoys the rights of access, rectification, updating, portability and deletion of the information that concerns it, in accordance with the provisions of articles 39 and 40 of the amended Computer and Liberty Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 38 of the Law Informatique ' Libertés modifié and the provisions of article 21 of the GDPR, the CLIENT may also, on legitimate grounds, oppose the processing of the data concerning it, without cause and without charge.
CLIENT may exercise these rights by e-mailing to: [email protected] or by sending a mail to 2 Opening Allée - 22650 BEAUSSAIS SUR MER.
It is specified that the CLIENT must be able to justify its identity, either by scanning an identity document or by sending a photocopy of its identity document to the VENDEUR.
ARTICLE 16. STATEMENTS
The SALE offers a "Customer Phone Service" at the following number: 02 96 27 31 08 (non-surtax number). Any written claim from CLIENT must be forwarded to the following address: 2 Commerçante Allée - 22650 BEAUSSAIS SUR MER.
ARTICLE 17. PROPRIETE INTELLECTUELLE
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SENDER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization of the SENDER in writing.
This authorization of the SENDER will not be granted definitively. This link should be deleted at the request of the SENDER. Hypertext links to the SITE which use techniques such as cadrage (framing) or hyperlink insertion (in-line) are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by whatever process, without the express prior authorization of the SENDER, is prohibited and will constitute a counterfeit sanctioned by articles L.335-2 et seq. and articles L.713-1 et seq. of the Code of Intellectual Property.
The acceptance of these GTCs is a CLIENT recognition of the intellectual property rights of the SALE and a commitment to respect them.
These elements are the exclusive property of the SENDER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization of the SENDER in writing.
This authorization of the SENDER will not be granted definitively. This link should be deleted at the request of the SENDER. Hypertext links to the SITE which use techniques such as cadrage (framing) or hyperlink insertion (in-line) are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by whatever process, without the express prior authorization of the SENDER, is prohibited and will constitute a counterfeit sanctioned by articles L.335-2 et seq. and articles L.713-1 et seq. of the Code of Intellectual Property.
The acceptance of these GTCs is a CLIENT recognition of the intellectual property rights of the SALE and a commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such an amendment or decision does not in any case authorize the CLIENTS to ignore these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the use of the business sector to individuals, for companies with headquarters in France.
Any conditions not expressly dealt with herein shall be governed in accordance with the use of the business sector to individuals, for companies with headquarters in France.
Article 19. MODIFICATION OF GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated accurately and may be modified and updated by the SENDER at any time. The applicable General Conditions are those in effect at the time of order.
Amendments to the General Conditions will not apply to PRODUCTS already purchased.
The General Conditions are dated accurately and may be modified and updated by the SENDER at any time. The applicable General Conditions are those in effect at the time of order.
Amendments to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. COMPETENCE AND APPLICABLE LAW
GENERAL CONDITIONS AND RELATIONS IN THE CUSTOMER AND SALE OF THE RIGHT OF FRENCH
IN LITIGE, ON THE FRENCH TRIBUNALS COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SENDER's claim service.
If no agreement is found or the CLIENT justifies having tried, in advance, to resolve its dispute directly with the SENDER by a written claim, it will then be proposed an optional mediation procedure, conducted in a spirit of loyalty and in good faith with a view to reaching a friendly agreement upon the occurrence of any conflict relating to this contract, including its validity.
To initiate this mediation, the CLIENT can contact the mediator of the VENDEUR : Geoffroy de Pinieux, whose contact details are : [email protected] and may be seized via this link: https://baiedescaps.com/en/ . .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt by indicating the elements of the conflict
Mediation that does not have a mandatory character, CLIENT or SENDER may at any time withdraw from the process
IN HYPOTHESE OR ECHOUERAIT MEDIATION OR DO NOT ENVISAGE, THE LITIGE AYANT PU DONNER LIEU A MEDIATION SERA CONFIE À LA JURIDICTION COMPETENTE DESIGNEE CI-DESSUS.
IN LITIGE, ON THE FRENCH TRIBUNALS COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SENDER's claim service.
If no agreement is found or the CLIENT justifies having tried, in advance, to resolve its dispute directly with the SENDER by a written claim, it will then be proposed an optional mediation procedure, conducted in a spirit of loyalty and in good faith with a view to reaching a friendly agreement upon the occurrence of any conflict relating to this contract, including its validity.
To initiate this mediation, the CLIENT can contact the mediator of the VENDEUR : Geoffroy de Pinieux, whose contact details are : [email protected] and may be seized via this link: https://baiedescaps.com/en/ . .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt by indicating the elements of the conflict
Mediation that does not have a mandatory character, CLIENT or SENDER may at any time withdraw from the process
IN HYPOTHESE OR ECHOUERAIT MEDIATION OR DO NOT ENVISAGE, THE LITIGE AYANT PU DONNER LIEU A MEDIATION SERA CONFIE À LA JURIDICTION COMPETENTE DESIGNEE CI-DESSUS.
ANNEX 1
RETRACTATION POLICYRevocation principle
The CLIENT has, in principle, the right to withdraw by sending or returning the PRODUCT to the SALE.
For this purpose, the PRODUCT shall be returned or returned without excessive delay, and no later than fourteen (14) days after the communication of its decision to withdraw, unless the SALE proposes to recover the PRODUCT itself.
Revocation time
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT would have ordered several PRODUCTS via a single order giving rise to several LIVRAISONS (or in the case of a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT command is carried on several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
In order to exercise its right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CLIENT must notify its decision to withdraw by means of a statement without ambiguity (return form completed, or for example, letter sent by mail, or e-mail) to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER or [email protected].
It may also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER shall transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of a withdrawal from the CLIENT, the SENDER undertakes to reimburse all amounts paid, (with the exception of the additional costs resulting from the delivery, if any, if due) without undue delay and, in any event, no later than fourteen (14) days from the day the SENDER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SENDER will make the refund using the same payment method as the SUSTAIN used for the initial transaction, unless the SUSTAIN is expressly appropriate in a different way, in any case, this refund will not cause any costs to the SUSTAIN.
The SALE is not required to reimburse the additional costs if the SUSTAIN has expressly chosen a more costly delivery method than the standard delivery mode proposed by the SALE.
The SENDER may differ the refund until receipt of the property or until the SUSTAIN has provided proof of shipment of the property, the date being the first of these facts.
Method of return
The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER.
This period is deemed to be met if the CLIENT returns the property before the expiry of the fourteen (14) days.
Return costs
The CLIENT will be responsible for the direct costs of returning the property. MAJ of 01/06/2020: for purchases made from 01/06/2020, and delivered to FRANCE, the transfer fees of the property are now at the expense of the SENDER.
In the event that the weight of the PRODUCT would prevent the CUSTOMER from returning this PRODUCT by the Post, the CUSTOMER will have to take charge of the direct costs of returning the property.
State of the property returned
The PRODUCT must be returned to their state of origin and complete (package, accessories, instructions...) allowing their return to the market in new condition, accompanied by the purchase invoice.
The CLIENT has, in principle, the right to withdraw by sending or returning the PRODUCT to the SALE.
For this purpose, the PRODUCT shall be returned or returned without excessive delay, and no later than fourteen (14) days after the communication of its decision to withdraw, unless the SALE proposes to recover the PRODUCT itself.
Revocation time
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT would have ordered several PRODUCTS via a single order giving rise to several LIVRAISONS (or in the case of a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT command is carried on several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CLIENT, or one third other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
In order to exercise its right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CLIENT must notify its decision to withdraw by means of a statement without ambiguity (return form completed, or for example, letter sent by mail, or e-mail) to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER or [email protected].
It may also use the form below:
RETRACTATION FORM
To the attention of : BAIES DES CAPS SAS
Telephone number of the SENDER : 02 96 27 31 08
Fax number:
E-mail address of the SENDER*:
I hereby notify you of my withdrawal of the contract concerning the sale of the PRODUCT below:
PRODUCT reference
Number of invoice:
Order number:
- Commander [________________]/received [________________]
- Method of payment used:
- Name of CLIENT and if applicable of the recipient of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of CLIENT (except email transmission)
- Date
Telephone number of the SENDER : 02 96 27 31 08
Fax number:
E-mail address of the SENDER*:
I hereby notify you of my withdrawal of the contract concerning the sale of the PRODUCT below:
PRODUCT reference
Number of invoice:
Order number:
- Commander [________________]/received [________________]
- Method of payment used:
- Name of CLIENT and if applicable of the recipient of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of CLIENT (except email transmission)
- Date
In order for the withdrawal period to be respected, the CUSTOMER shall transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of a withdrawal from the CLIENT, the SENDER undertakes to reimburse all amounts paid, (with the exception of the additional costs resulting from the delivery, if any, if due) without undue delay and, in any event, no later than fourteen (14) days from the day the SENDER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SENDER will make the refund using the same payment method as the SUSTAIN used for the initial transaction, unless the SUSTAIN is expressly appropriate in a different way, in any case, this refund will not cause any costs to the SUSTAIN.
The SALE is not required to reimburse the additional costs if the SUSTAIN has expressly chosen a more costly delivery method than the standard delivery mode proposed by the SALE.
The SENDER may differ the refund until receipt of the property or until the SUSTAIN has provided proof of shipment of the property, the date being the first of these facts.
Method of return
The CLIENT shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER.
This period is deemed to be met if the CLIENT returns the property before the expiry of the fourteen (14) days.
Return costs
The CLIENT will be responsible for the direct costs of returning the property. MAJ of 01/06/2020: for purchases made from 01/06/2020, and delivered to FRANCE, the transfer fees of the property are now at the expense of the SENDER.
In the event that the weight of the PRODUCT would prevent the CUSTOMER from returning this PRODUCT by the Post, the CUSTOMER will have to take charge of the direct costs of returning the property.
State of the property returned
The PRODUCT must be returned to their state of origin and complete (package, accessories, instructions...) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not recovered.
The liability of the CLIENT is only incurred in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CLIENT has the opportunity to test the PRODUCT, but its responsibility may be incurred if it performs manipulations other than those necessary.
Exclusions of the right of withdrawal
The right of withdrawal is excluded from the following assumptions:
- Provision of goods or services with fluctuations in the financial market
- Provision of goods made according to CLIENT specifications or clearly customized
- Provision of goods that may deteriorate or perish quickly
- Provision of audio or video recordings or sealed software that were sealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, restoration or services related to leisure activities if the offer provides a specific date or period of execution
- Provision of goods that by their nature are inseparably mixed with other articles
- Supplies of sealed goods that cannot be returned for reasons of health or hygiene protection and that have been sealed by the CLIENT after the DELIVERY
- the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sale contract, whose delivery can only be made after 30 days and whose actual value depends on fluctuation in the market beyond the control of the SALE
- Provision of non-dematerialized digital content if the performance began with the express prior agreement of the consumer, which also recognized that it will thus lose its right of withdrawal
- contracts entered into at a public auction
Exclusions of the right of withdrawal
The right of withdrawal is excluded from the following assumptions:
- Provision of goods or services with fluctuations in the financial market
- Provision of goods made according to CLIENT specifications or clearly customized
- Provision of goods that may deteriorate or perish quickly
- Provision of audio or video recordings or sealed software that were sealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, restoration or services related to leisure activities if the offer provides a specific date or period of execution
- Provision of goods that by their nature are inseparably mixed with other articles
- Supplies of sealed goods that cannot be returned for reasons of health or hygiene protection and that have been sealed by the CLIENT after the DELIVERY
- the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sale contract, whose delivery can only be made after 30 days and whose actual value depends on fluctuation in the market beyond the control of the SALE
- Provision of non-dematerialized digital content if the performance began with the express prior agreement of the consumer, which also recognized that it will thus lose its right of withdrawal
- contracts entered into at a public auction
ANNEX 2
LIVRAISON POLICY
Delivery area
The proposed PRODUCTS can only be delivered to the TERRITORY.
It is impossible to place an order for any shipping address located outside this TERRITORY.
PRODUCTS are sent to (at) the delivery address(s) that the CLIENT will have indicated during the order process.
Shipping time
The deadlines to prepare an order and then establish the invoice, before shipment of PRODUCTS in stock are mentioned on the SITE. These deadlines can be reached outside weekends or holidays.
An electronic message will be automatically sent to the CLIENT at the time of shipment of PRODUCTS, provided that the email address in the registration form is correct.
Delivery time
During the ordering process, the SALE indicates to the SUSTAIN the possible time and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated based on delivery mode.
The amount of these costs will be due by CLIENT in addition to the price of PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE. The shipping costs in packagesimo are offered from 150 € VAT of order. In the event of a partial cancellation of your order, the shipping fee of 9.58 € will be applied, if the final order is less than 150 € tax incl.
In the absence of an indication or agreement on the date of delivery, the SENDER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
The proposed PRODUCTS can only be delivered to the TERRITORY.
It is impossible to place an order for any shipping address located outside this TERRITORY.
PRODUCTS are sent to (at) the delivery address(s) that the CLIENT will have indicated during the order process.
Shipping time
The deadlines to prepare an order and then establish the invoice, before shipment of PRODUCTS in stock are mentioned on the SITE. These deadlines can be reached outside weekends or holidays.
An electronic message will be automatically sent to the CLIENT at the time of shipment of PRODUCTS, provided that the email address in the registration form is correct.
Delivery time
During the ordering process, the SALE indicates to the SUSTAIN the possible time and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated based on delivery mode.
The amount of these costs will be due by CLIENT in addition to the price of PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE. The shipping costs in packagesimo are offered from 150 € VAT of order. In the event of a partial cancellation of your order, the shipping fee of 9.58 € will be applied, if the final order is less than 150 € tax incl.
In the absence of an indication or agreement on the date of delivery, the SENDER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
For the professional CLIENT, a minimum order of 600€ HT is required for free delivery. In deça, provide 30 €tax excl. shipping costs.
DELIVERY
The package will be delivered to the CLIENT via a parcel without signature, and deposited in its mailbox.
In case of absence, or if the size of his mailbox was too small, a notice of passage will be left to the CLIENT, to allow him to pick up his parcel in his post office.
DELIVERY
The package will be delivered to the CLIENT via a parcel without signature, and deposited in its mailbox.
In case of absence, or if the size of his mailbox was too small, a notice of passage will be left to the CLIENT, to allow him to pick up his parcel in his post office.
If the Point Relais option has been chosen, the package will be deposited at the Relais point and the CLIENT notified by the carrier network.
LIVRAISON problems
The CLIENT is informed of the delivery date set at the time it selects the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. If the SUSTAIN is not available, the SALE shall retain the SENDER to deliver within a reasonable period of time and in case of non-delivery within that period, it may terminate the contract.
The SALE will refund, without undue delay from the receipt of the cancellation letter, to the SUSTAIN the total amount paid for PRODUCTS, taxes and shipping fees included, using the same payment method as that used by the SUSTAIN to purchase PRODUCTS.
The SALE is responsible until the delivery of the PRODUCT to the SUSTAIN. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any partial damages or losses observed during delivery.
LIVRAISON problems
The CLIENT is informed of the delivery date set at the time it selects the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. If the SUSTAIN is not available, the SALE shall retain the SENDER to deliver within a reasonable period of time and in case of non-delivery within that period, it may terminate the contract.
The SALE will refund, without undue delay from the receipt of the cancellation letter, to the SUSTAIN the total amount paid for PRODUCTS, taxes and shipping fees included, using the same payment method as that used by the SUSTAIN to purchase PRODUCTS.
The SALE is responsible until the delivery of the PRODUCT to the SUSTAIN. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any partial damages or losses observed during delivery.