GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Preamble – Publisher of the offer
BAURAIN SAS, société par actions simplifiée (Simplified joint stock company) with a share capital of €6,000 having its registered office at 3 bis rue Taylor – 75010 PARIS, registered at the Register of Companies of PARIS under the No. 831 341 565, VAT No. FR89 831 341 565, engaged in the provision of advisory services relating to design, and the design and wholesale and retail trade of fashion and couture items, ready-made garments, accessories, jewellery, furniture and interior decoration and lifestyle items, wishes to create an online sales network for some of its products (hereinafter "Products") on the Website www.baurain.co (hereinafter the "Website").
Article 1 - Purpose
The General Terms and Conditions of Sale apply to all Products sold by BAURAIN SAS to any non-trading individual purchasing on the Website (hereinafter the "Customer").
Use of the online sales process, set out in the General Terms and Conditions of Sale herein, is exclusively reserved for consumers acting on their own behalf.
Before confirming his order, the Customer shall declare that he has read the General Terms and Conditions of Sale herein and shall accept them by clicking where indicated. By confirming his order he unconditionally accepts the Terms and Conditions of Sale herein.
Article 2- Products
The list of Products offered by BAURAIN SAS for online purchase is available on the Website. The products are described and presented (product name, characteristics, price) as accurately as possible.
However, BAURAIN SAS shall not incur any liability for any errors or omissions that may occur in this presentation. Similarly, photographs of the Products are non-contractual and are displayed for information purposes only.
SAS BAURAIN reserves the right to add and/or delete Products and/or change the presentation of Products at any time, without any particular formalities with regard to internet users.
Article 3 Price
3-1/ Product prices are quoted in euros. Delivery costs shall not be charged to the Customer.
However, the delivery costs, which are borne by BAURAIN SAS, shall be specified to the Customer prior to the confirmation of the order for information purposes.
At the time of delivery, the Customer shall receive a written confirmation of the price paid, with a breakdown of the price of the Products.
3-2/ Product prices are quoted inclusive of all taxes unless otherwise specified, particularly for exports outside the European Union, in which case prices shall be quoted exclusive of taxes. The Customer may be subject to customs duty and/or import taxes. These customs duties and/or import taxes, if any, shall be exclusively borne by the Customer. BAURAIN SAS has no control over such taxes or duties, the rates, base and criteria of which vary from one country to another. For more information, the Customer is advised to contact the local customs department before placing any order.
3-3/ At no point shall the amounts paid be considered as deposits or down payments.
Article 4 - Order of Products
4-1: Placing an order
The Customer may purchase a Product online, within the limits of available stocks, using the order form available on the Website and filling out the mandatory fields. The Customer shall log in, choose the delivery address, delivery and payment methods. All the steps necessary for the sale are set out in the box below:
Step 1 - Select a product
When the Customer opens a product page, he can see and select the Product that he wishes; this Product is displayed as a thumbnail image.
Step 2 – Add to basket
Once the Product is selected by the Customer, a new window on the Product opens.
On this page, the Customer can get information on the Product and see photographs of the Product.
The Customer can then select the quantity of the same Product that he wishes to purchase.
The Customer can then select the Product by clicking on Add to basket.
Once the Product is added to the basket by the Customer:
A trolley symbol is added in the top right corner of the browser window.
The trolley symbol will show the number of Products selected and the total price.
Step 3 – View the trolley
After adding a Product to the trolley, the Customer may continue his shopping or click on the trolley symbol to open the shopping trolley.
Step 4 – Check out
Clicking on the "check-out" button will open the payment page, where the Customer can complete his invoice information (and the shipping address for the physical dispatch of the items), check his order and finalise the purchase.
The check-out page is SSL protected in order to secure the payment and credit card information.
1 – Customer information
The Customer types his email address.
If the Customer activates the newsletter subscription at the check-out stage, he can decide whether or not to select this option, depending on whether or not he wishes to receive the BAURAIN newsletter.
2 – Shipping
In this step, the Customer types his shipping address. As the Customer starts to type his address, a list of Google suggested addresses will appear. The Customer can click one of the addresses and the address form will then be filled out automatically.
3 – Payment
4 – Validation of the order
Once the invoice, shipping and payment data have been provided, the Customer must accept the terms and conditions of sale herein and click the "Purchase" button to finalise his order.
Any order implies acceptance of the prices and the Product descriptions as well as the General Terms and Conditions herein.
Before confirming his order, the Customer will be able to check the details of the order and the total price and, if necessary, correct any errors, before confirming it to indicate his acceptance. The Customer's final acceptance is formalised by the payment of his order.
5 – Confirmation
When the "Purchase" button is clicked, an order confirmation will appear.
4-2: Confirmation of the order
The Customer will immediately receive by electronic means an acknowledgement receipt following the validation of his order, which will show:
- An order number;
- Information on the Products ordered;
- A summary of personal data on the Customer including the delivery address.
However, the sales shall only be considered final after BAURAIN SAS has carried out the banking verifications and has sent an email to the Customer confirming the acceptance of his order, specifying the delivery method and the delivery lead times, and after receipt by BAURAIN SAS of the full price.
Computerised records kept in BAURAIN SAS's information systems under reasonable conditions of security shall be considered as proofs of communication, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be submitted as proof.
4-3: Order cancellation and refusal
BAURAIN SAS undertakes to fulfil the orders received only within the limits of the available stocks. In the event of unavailability of an ordered Product, BAURAIN SAS shall inform the Customer by email. The order of this Product shall be cancelled and refunded, as the case may be within 30 days following the order, and the rest of the order shall remain binding.
BAURAIN SAS reserves the right, in certain cases and in particular in the event of non-payment, wrong address or other problem pertaining to the buyer's account, to block the Customer's order until the problem is resolved.
BAURAIN SAS shall have the right to cancel the online sales process where, for any reason whatsoever, the amounts due by the Customer cannot be debited. It shall also have the right to refuse any abnormal order or order placed in bad faith or any order from a Customer who has not paid a previous order, in full or in part, or with which a payment dispute is on-going.
Article 5 - Payment terms
5-1: Payment procedure
This is an order with obligation to pay, which means that placing an order entails the buyer's obligation to pay.
To settle his order, the Customer can choose among all the payment methods offered by BAURAIN SAS and listed on the Website, including payment by Paypal and Stripe, which accepts Visa, Mastercard, American Express and 3DS cards.
Where applicable, the Customer shall provide, in a secure environment, the number, expiry date and the last three digits of the card security code (CVC/CVV) printed on the back of his credit card.
Where payment is made by credit card, the Customer shall declare to BAURAIN SAS when validating his order, that he is the holder of the credit card and that the name shown on the credit card is his name.
Any charges involved in the use of a foreign credit card on the Website shall be borne by the Customer.
5-2: Bank details check
The Customer guarantees to BAURAIN SAS that he has necessary authorisations to use the payment method he has chosen, when validating his order.
All purchases made on the Website are protected and secure. The Website uses an SSL secure payment method which ensures very high data security and which performs a number of checks to prevent any abuse and fraud.
Article 6 – Delivery
Delivery is the transfer to the Customer of the physical ownership or control of the goods.
6-1: Delivery method
The Products shall be delivered by UPS Express to Europe and by DHL Express to the United States.
The Customer shall be informed by email of the shipping of his Products and the tracking of his order.
6-2: Place of delivery
The list of countries to which BAURAIN SAS makes shipments is available on the Website on the page www.baurain.co/shipping
Products are delivered at the address specified by the Customer during the online purchasing process. The Customer must ensure that it is accurate. In the event of error by the Customer in the delivery address, the package shall be returned and marked NPAI ("Unknown at this address") In that case, the Customer shall be refunded the full amount of the price charged for his order. However, the delivery costs incurred by BAURAIN SAS shall be deducted by the latter, which the Customer expressly accepts.
The ownership of the Product and the risks shall be transferred to the Customer when the Products are handed over to the Customer. However, in the event of a wrong address given by the Customer, the risk shall be transferred to the Customer starting from the delivery date and until the Products are returned to BAURAIN SAS.
6-3: Delivery lead times
Delivery in a country of the European Union:
Products ordered shall be delivered within the lead times specified by BAURAIN SAS and, in any event, at latest within 30 days starting from the date of registration of the order, subject to full payment of the price.
In the event of non-compliance with the delivery period, excluding cases of force majeure as set out in Article 12 hereinafter, the Customer shall, before requesting the cancellation of the sale, request BAURAIN SAS to comply within a reasonable additional period. In the absence of compliance within this new period, the Customer shall be free to cancel the sale. The Customer shall carry out these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The sale shall be deemed cancelled upon receipt by BAURAIN SAS of the letter or the written document informing it of the cancellation, unless BAURAIN SAS has complied in the meantime, in accordance with Article L216-2 of the French Consumer Code. In the event of cancellation of the sale, BAURAIN SAS shall refund the full amounts paid within 14 days following the date on which the sale has been cancelled, in accordance with Article L216-3 of the French Consumer Code.
Delivery outside the European Union:
Delivery lead times may be longer on account of customs formalities. BAURAIN SAS has no control over these formalities.
6.4 – Delivery conditions
BAURAIN SAS shall not incur any liability in the event of damage to the packages, error or delay by the carrier at the time of delivery of the packages, which the Customer expressly accepts.
7 – Withdrawal and return of Products
7-1: Right of withdrawal
The Customer may exercise a right of withdrawal, without having to justify his decision, within a period of 14 (fourteen) days of receipt of the product(s) ordered.
In any case, only Products returned in their original packaging, complete and undamaged, shall be taken back.
Returned Products which are incomplete, damaged or in any other condition which would reasonably suggest that they have been used or worn, shall be neither refunded, nor exchanged and shall be returned to the Customer.
7-2: Exercise of the right of withdrawal
The Customer shall notify BAURAIN SAS of his withdrawal decision through a clearly worded statement sent by email to email@example.com or by registered letter with acknowledgement of receipt to BAURAIN SAS, 3 bis rue Taylor 75010 Paris, FRANCE. The Customer may use the withdrawal template provided at the end of the General Terms and Conditions of Sale [OR available on the Website BAURAIN SAS].
7-3: Product return procedure and refund
The Customer shall, within 14 days following notification of his withdrawal decision, return the concerned Products to the following address: RSDM, Via P.Toselli 23/H, 50144 Firenze (FI) Italy.
Any taxes and/or customs duties that the Customer may have paid, unless more favourable national provisions apply shall be borne by the Customer.
It shall be the Customer's responsibility to ensure that he can provide proof of this return, which would mean that the Products must be returned by registered post or by any other means by which the date of receipt is clearly marked, given that the costs and risks of return shall be borne by the Customer.
Where applicable, the Customer shall be refunded for his entire order, within 14 days of receipt by BAURAIN SAS of all the Products returned by the Customer in accordance with the conditions set out above.
The refund shall be made in the same way as the payment method chosen by the customer at the time of his initial order.
8 – Legal guarantee of conformity and Warranty against hidden defects
Articles L. 217-4, L. 217-5, L. 217-9 and L. 217-12 of the French Consumer Code:
Art. L.217-4 of the French Consumer Code:
"The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery.
It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or they have been performed under its responsibility"
Art. L.217-5 of the French Consumer Code:
"In order to comply with the contract, the goods must:
1. Be fit for the purpose usually expected of a similar good and, where applicable:
- correspond to the description provided by the seller and possess the qualities presented by it to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect considering the public declarations made by the seller, producer or its representative, notably in advertising or on the label;
2. Present the characteristics jointly defined by the parties or be fit for the special purpose sought by the buyer where this has been brought to the attention of the seller and accepted by it. "
Art. L.217-9 of the French Consumer Code:
"In the event of non-conformity, the buyer must choose between repair and replacement of the goods.
However, the seller may decide not to honour the buyer’s choice if this option involves an obviously disproportionate cost compared to the other option, taking into account the value of the goods and the significance of the defect. It is then required, unless this is impossible, to proceed with the option not chosen by the buyer".
Art. L.217-12 of the French Consumer Code:
"Action taken for defects of conformity is subject to a statute of limitation of two years starting from delivery of the goods".
Articles 1641 and Article 1648 (1) of the French Civil Code:
Art. 1641 of the French Civil Code:
"The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects".
Art. 1648 (1) of the French Civil Code:
"An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect".
BAURAIN SAS shall be liable for the conformity of the Products, such that the Customer can make a request under the legal guarantee of conformity set out in Articles L217-4 et seq. of the French Consumer Code and the warranty against defects in the thing sold within the meaning of Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal guarantee of conformity, it is to be noted that:
- The Customer is entitled to a period of 2 years from the delivery of the goods to take action;
- He can choose between repair and replacement of the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code;
- He does not need to provide proof of the existence of the conformity defect of the goods for 24 months following delivery of the goods;
- The legal guarantee of conformity applies irrespective of any commercial guarantee that may have been provided.
In the event of implementation of the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the French Civil Code, the Customer can choose between cancellation of the sale and a reduction of the selling price, in accordance with Article 1644 of the French Civil Code.
8 (a): Apparent defects of conformity - anomaly, damaged package
It is the Customer's responsibility to check the condition of the Products and their conformity with his order at the time of their delivery. If the items delivered are not in conformity with his order or are damaged, the Customer shall report:
- the delivery errors and/or non-conformity of the nature or quality of the products with regards to the specifications contained in his order, or
- the anomalies found
and make any claims and reservations to the Customer Service Department of BAURAIN SAS (in accordance with the conditions set out at Article 9) at latest within 3 working days following receipt of the Products. Any claim submitted after this period shall be rejected.
If the products need to be returned to BAURAIN SAS, a request for their return must be submitted to BAURAIN SAS within 7 days of the delivery. Any request not made within this period shall not be accepted. The return of Products shall only be accepted, where applicable, for products in their original condition (packaging, accessories, notice, etc.) sent to the following address RSDM, Via P.Toselli 23/H, 50144 Firenze (FI) Italy. Excluding any tax and/or customs duties, the costs of return shall be borne by BAURAIN SAS.
Article 9 – Customer service department
For any information, claim or question regarding the General Terms and Conditions of Sale herein or the Products, the Customer may contact BAURAIN SAS by email on firstname.lastname@example.org.
Article 10: Protection of privacy and personal data
BAURAIN SAS undertakes to keep the identity of its customers strictly confidential.
The Customer is hereby informed that personal data disclosed to BAURAIN SAS in connexion with his order will be stored in a file solely for the needs of processing of the order, management of commercial relations and invoicing of the order. They may be disclosed to partners of BAURAIN SAS responsible for the execution, processing, management and payment of the orders.
In accordance with the "Informatique et Liberté" law (French Data Protection Act) of 6 January 1978 amended by the law of 6 August 2004, the customer has a right of access, rectification, deletion and objection over his personal data. The customer shall exercise his rights by writing to the registered office of BAURAIN SAS.
Article 11 - Intellectual property
All the content you see and hear on the Website, including its underlying technology, are the exclusive property of BAURAIN SAS. Customers undertake not to use this content.
The products of BAURAIN SAS, their name and the brands used by BAURAIN SAS are also its exclusive property and are protected in this respect by French and international laws and regulations.
Any reproduction, representation and/or adaptation of the Website, its brands, name and/or models in any manner whatsoever and for any purpose whatsoever is strictly prohibited. Any failure to respect the rights of BAURAIN SAS would constitute an act of infringement and/or of unfair competition, subject to criminal and civil penalties under the applicable laws and can give rise to the award of damages.
Article 12: Force majeure
In the event of a case of force majeure or unforeseeable circumstances, BAURAIN SAS's performance of its obligations, in part or in full, shall be suspended.
A case of force majeure event or unforeseeable circumstances shall include, but not be restricted to, natural disasters, such as earthquakes, fires, storms, floods, failure of transportation or supplies, export or import embargoes, breakdown of telecommunication networks.
In the event of a case of force majeure or unforeseeable circumstances, BAURAIN SAS shall inform the Customer within 7 days of its occurrence. If the suspension lasts more than three months, the Customer may cancel his order and a refund shall be made.
Article 13 – Applicable law and language of reference
The General Terms and Conditions of Sale herein are governed by French law, unless more favourable national provisions apply.
The language of reference of the General Terms and Conditions of Sale herein is French.
Article 14 – Dispute and mediation
In the event of a dispute or difference, the Customer may have recourse to conventional mediation, in particular via the consumer mediation Commission or via existing sector mediation bodies, or any other alternative means for settling differences.
Any dispute or difference between BAURAIN SAS and a Customer that cannot be settled amicably shall fall under the exclusive jurisdiction of French courts, even in the event of multiple respondents or third party proceedings, unless more favourable national provisions apply. A Customer residing in a country of the European Union shall thus have the choice of bringing legal action before French courts or before the courts of his domicile.
Justice Mediator: CM2C www.cm2c.net
Article 15: Miscellaneous provisions
If one of the provisions of the General Terms and Conditions of Sale herein were to be cancelled, the other provisions would remain valid.
BAURAIN SAS reserves the right, as and when necessary, to amend the General Terms and Conditions of Sale herein. They shall be applicable as soon as they are published online.
Annex 1: Withdrawal form
Société par Actions Simplifiée (Simplified joint stock company) with a share capital of €6,000
Registered office: 3 bis rue Taylor – 75010 PARIS,
I/we (*) hereby inform you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted in hard copy):
(*) Delete as appropriate.