ARTICLE 1. DEFINITIONS

The terms used below have, in these General Conditions, the following meaning:

• “CUSTOMER” : means the SELLER’s co-contractor, who guarantees that he or she has the status of consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
• “DELIVERY” : means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
• “PRODUCTS” : means all products available on the SITE.
• “TERRITORY” : means Metropolitan FRANCE (excluding DOM/TOM).

ARTICLE 2. PURPOSE

These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS

The CUSTOMER undertakes to read these General Conditions carefully and accept them, before proceeding to payment for an order for 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 CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of said Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.

The CUSTOMER will be asked to provide information that can identify him by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can, where applicable, be tracked using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at direction@baiedescaps.com, to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information provided.

ARTICLE 5. ORDERS

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.


Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).


The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS as they wish to their basket.


Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the order are correct. If the CUSTOMER has not yet done so, he or she will then be asked to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to him/her, summarizing the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.

The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen delivery method.


Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.

The SELLER does not send any order confirmation by post or fax.


During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.

The CUSTOMER must also specify the chosen payment method.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will have access to his invoice as soon as the package is shipped, by logging into his customer account.


The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.


For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). The CUSTOMER, if he is a professional, will see the prices displayed excluding taxes, and this until the end of the order. The 20% VAT is applicable and will be visible on the final invoice.

Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, except in the event of a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.

ARTICLE 6. RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are provided in the “withdrawal policy”, a policy available in Appendix 1 hereof.

ARTICLE 7. PAYMENT

The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.

The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method.

The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.

It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

The security of payments in 3 times is ensured by Alma and its service providers. All payments are protected by 3D Secure. By paying in several times with Alma, the Customer does not pay any fees. Alma is a telepayment manager and issues an electronic certificate which will be proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.

• by payment in 3 installments available between €125 and €2,000 via our partner Alma

In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.


If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order would be cancelled and the sale automatically terminated.

ARTICLE 8. PROOF AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.

The SELLER agrees to archive this information in order to ensure monitoring of transactions and to produce a copy of the contract at the request of the CUSTOMER.

In the event of a dispute, the SELLER 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 OWNERSHIP

The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage which they may cause.

ARTICLE 10. DELIVERY

The terms of DELIVERY of the PRODUCTS are provided in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hyperlink.

ARTICLE 11. PACKAGING

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.

ARTICLE 12. WARRANTIES

ARTICLE 13. LIABILITY

The SELLER may not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.

The SELLER may not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.


The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, the SELLER cannot be held liable, in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, or in the event of the occurrence of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the General Terms and Conditions and preventing execution under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot take any action against the SELLER.

In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavour to inform the CUSTOMER as soon as possible.

ARTICLE 15. PERSONAL DATA

The SELLER collects personal data concerning its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send them commercial prospecting mailings, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its business partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.

It is recalled that the CLIENT whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.

The CUSTOMER may exercise these rights by sending an email to the following address: direction@baiedescaps.com or by sending a letter to 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.

ARTICLE 16. COMPLAINTS

The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 02 96 27 31 08 (non-premium number). Any written complaint from the CUSTOMER must be sent to the following address: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER.

ARTICLE 17. INTELLECTUAL PROPERTY

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER's authorization in writing.

This authorization from the SELLER will not be granted definitively under any circumstances. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the SITE and its contents, by any process whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.

Acceptance of these General Terms and Conditions constitutes recognition by the CUSTOMER of the SELLER's intellectual property rights and a commitment to respect them.

ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS

Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize CUSTOMERS to disregard these General Conditions.

Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.

Article 19. MODIFICATION OF THE GENERAL CONDITIONS

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 20. JURISDICTION AND APPLICABLE LAW

THESE GENERAL CONDITIONS AND THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW

IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.

However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.

If no agreement is reached or if the CUSTOMER proves that he has previously attempted to resolve his dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.

To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Geoffroy de Pinieux, whose contact details are: direction@baiedescaps.com and who can be contacted via this link: baiedescaps.com.

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.

Since mediation is not mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE WHICH COULD HAVE GIVEN RISE TO MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.

ANNEX 1

WITHDRAWAL POLICY

Principle of withdrawal

The CUSTOMER has the right in principle to withdraw by returning or restoring the PRODUCT to the SELLER.

To do this, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of the decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.

Withdrawal period

In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

If the CUSTOMER's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

Notification of the right of withdrawal

To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (completed return form, or for example, letter sent by post, or email) to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER or direction@baiedescaps.com.

He can also use the form below:



In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid (except for custom-made sweaters ordered via "My sweater à la carte", as well as gift wrapping), without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT. (Article L.221-24 of the Consumer Code) .

The SELLER will make the reimbursement using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the CUSTOMER.

The SELLER is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.

The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date retained being that of the first of these facts.

Return Policy

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating his decision to withdraw from this contract, return the goods to: 2 Allée Commerçante - 22650 BEAUSSAIS SUR MER.

This deadline is deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.

Return costs

Return costs remain the responsibility of the CUSTOMER, excluding exchange requests, where return costs are borne by the SELLER for Metropolitan France, and borne by the buyer for the rest of the world.

In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the goods.

Condition of returned property

The PRODUCT must be returned in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The CUSTOMER is only liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but his liability may be incurred if he carries out handling other than that which is necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which were unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER
- Supply of digital content not supplied in dematerialized form if the execution has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction

ANNEX 2

SHIPPING POLICY

Delivery area

The PRODUCTS offered can only be delivered to the TERRITORY.

It is not possible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.

Shipping time

The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.

An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.

Delivery times & costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.

Shipping costs are calculated based on the delivery method.
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.

The details of delivery times and costs are detailed on the SITE. Colissimo shipping costs are free from 150 € TTC of order. In the event of partial cancellation of your order, shipping costs of 9.58 € will be applied to you, if the final order is less than 150 € TTC.

In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver 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 CUSTOMER, a minimum order of €600 excluding VAT is required for free delivery. Below this, allow €30 excluding VAT for delivery costs.

DELIVERY Terms

The package will be delivered to the CUSTOMER via a Colissimo without signature, and placed in their mailbox.

In the event of absence, or if the size of the mailbox is too small, a delivery notice will be left for the CUSTOMER, to allow them to collect their parcel from their post office.

If the Relay Point option has been chosen, the package will be dropped off at the Relay point and the CUSTOMER notified by the carrier network.

DELIVERY Problems

The CUSTOMER is informed of the delivery date set when choosing the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must formally notify the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, the CUSTOMER may terminate the contract.

The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.