CONDITIONS GÉNÉRALES DE VENTE
The present general conditions of sale aim to define the rights and obligations of BODY & CLYDE and the Customer of products presented BODY & CLYDE on its site http://body.ac-preprod.com (hereinafter “the Site”). They apply exclusively to BODY & CLYDE, BODY & CLYDE, and any natural or legal person visiting or performing a business on the premises of BODY & CLYDE, 19 rue de Longchamp 92200 Neuilly sur Seine, Siret: 814 604 294 000 11 (hereinafter “BODY & CLYDE” (Hereinafter referred to as “the Customer”).
On the site, BODY & CLYDE allows the Customer to order products of the BODY & CLYDE brand (hereinafter “the Product (s)”) under these terms and conditions.
Any order made with BODY & CLYDE entails the unreserved acceptance by the Customer of these conditions. These General Terms and Conditions may be changed at any time by BODY & CLYDE without notice, the applicable conditions being those in effect at the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the site of BODY & CLYDE and accompanied by a description.
2.2. The proposed Products BODY & CLYDE comply with the standards applicable in France and Europe.
The elements such as photographs, texts, graphics as well as all the information and characteristics illustrating and / or accompanying the products are not contractual, which the Customer acknowledges. The customer is fully informed that the images, photos and colors of the items offered for sale may however not match the actual colors under the effect of the internet browser, screen used or filter used.
Consequently, BODY & CLYDE can not be held liable for any error or omission of any of these elements or in case of modification of these elements by the suppliers and / or publishers.
3. CUSTOMER’S OBLIGATIONS
3.1. The Client declares to be at least 18 years old and have the legal capacity or to have a parental authorization enabling him to place an order on the Site.
3.2. The Client undertakes to communicate to BODY & CLYDE the elements of actual information necessary for the realization of the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, Phone and e-mail.
The Customer is responsible for the consequences arising from information transmitted false or inaccurate or whose takeover would be unlawful.
3.3. Once the order BODY & CLYDE addresses the Customer an e-mail confirming this one. He informs him of the dispatch of the Products.
3.4. The Customer may modify his data in the “my account” section.
4. THE ORDER
4.1. All orders will be validated only after acceptance of the payment.
4.2. BODY & CLYDE reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
4.3. BODY & CLYDE can accept orders within the limit of available stocks. It informs the Customer of the availability of the products sold on the Site at the time of the confirmation of the order.
4.4. Some products are available in pre-order, ie they are out of stock but the stock will be replenished: in this case, the Customer is invited to pre-order and the replenishment time is Under the “pre-order” button. The payment procedure remains the same. The pre-ordered products are delivered independently of the rest of the order, within the time indicated during the pre-order.
If, despite the vigilance of BODY & CLYDE, the products are unavailable BODY & CLYDE will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if any, the sums already paid.
In no event shall BODY & CLYDE be liable for any final or temporary unavailability, nor shall it give any right to compensation or damages in favor of the Client.
5. THE PRICE
5.1. The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other applicable taxes), excluding postage, participation in order processing costs and packaging costs.
The shipping costs, participation in the order processing costs and packaging costs will be indicated in the basket of the Customer, before the definitive validation of the order.
The prices can be modified at any time, without notice and in particular in case of change of tax or economic data. Items will be invoiced on the basis of the rates in effect at the time of registration of the order.
6.1. BODY & CLYDE delivers its Products in France and in all countries of the European Union and can on request deliver in any country.
Products are shipped with the delivery note to the delivery address indicated by the Customer when ordering. Delivery can not be made in hotels or mailboxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order to comply with these deadlines, the Client must ensure that he has provided accurate and complete information concerning the delivery address (such as: street, building, staircase, access codes , Names and / or intercom numbers, etc.).
In case of delay of delivery of more than 7 working days, if the product has not been shipped, the Customer can denounce the order by registered letter with acknowledgment of receipt and request the refund of his order.
If the item was shipped before receipt of the cancellation of the order for late delivery of more than 7 days, BODY & CLYDE will proceed to the refund of the item and shipping and return charges, upon receipt of the one Complete, in its original state and with all labels.
BODY & CLYDE agrees to inform the Customer of the evolution of the processing of its order.
In case of damaged parcels (already open, missing products …), the Customer agrees to notify the carrier and BODY & CLYDE, by any means, any reserves within 3 days of receipt of the product.
BODY & CLYDE can not be held responsible for the consequences due to a delay of routing not being of its fact.
7. CONDITIONS OF PAYMENT
The entire payment must be made at the time of the order. At no time may the sums paid be considered as deposits or down payments. The Client pays his order by credit card (Visa, Eurocard / Mastercard), with his Paypal account, by check or by bank transfer in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Client of his bank card number authorizes BODYCLYDE to debit his account to the extent of the amount of his order.
No consignment for cash will be accepted for any reason.
BODY & CLYDE retains ownership of the article until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted BODY & CLYDE are 100% secure. For credit card payments (credit card, credit card and e-credit card), all the information that the Clients communicate to BODY & CLYDE is strictly protected and guarantees the compliance and the security of each transaction.
8. ANTI FRAUD
L’Impertinente reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Any resale of products purchased on the Site is strictly prohibited. As such, each order is limited to a maximum of 20 items.
Moreover, in order to combat fraud, L’Impertinente has put in place a system implementing exclusion lists, which can lead it to:
(I) claim, in order to secure the transaction, certain supporting documents once the payment has been made, in the event of an automatic alert triggered by the information relating to the order.
(II) block any order originating from a Client account previously responsible for fraud.
9. EXCHANGES AND RETURNS
RIGHT TO RETRACT
Within thirty (30) days from receipt of the order, the Customer may request from BODY & CLYDE the return or exchange of the Product (s).
To do this, the Customer must first make a request to return or exchange by e-mail.
If the return request is validated by BODY & CLYDE, the Customer must return the Product (s) at its expense.
Return or exchange is at the risk of the Customer. The Product must be returned within one week in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return voucher, to the following address:
Body & Clyde
19 rue de Longchamp
92200 Neuilly sur Seine
If the item is not returned by the Customer within one week after receipt of the postage label, the return is considered canceled and the Customer must retain the product.
The Product returned will be refunded within a maximum period of fifteen (15) days from receipt by BODY & CLYDE, by a credit of the amount to be refunded to the Customer’s bank account.
The return costs are the responsibility of the customer, unless BODY & CLYDE has delivered a damaged product or different from the ordered item.
In the absence of compliance by the Client with the present conditions, in particular the conditions of return or exchange, BODY & CLYDE can not proceed to the refund of the Products concerned.
10. WARRANTIES AND LIABILITY
BODY & CLYDE has only an obligation of means for all stages of access to the site, from the order process to the dispatch of the parcel or the subsequent services. Liability BODY & CLYDE can not be held liable for any inconvenience or damage inherent in the use of the Internet, such as a breach of service, external intrusion or the presence of computer viruses, or any act qualified as force majeure, in accordance with Law and jurisprudence.
11. INTELLECTUAL PROPERTY
In no event will the Client be authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos …).
This Site or any part of this Site may under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written permission of BODY & CLYDE.
In general, all copyrights, trademarks and other distinctive signs and proprietary or intellectual property rights appearing on the Site will remain the full and entire property of BODY & CLYDE.
The Client is therefore obliged to respect the intellectual property rights and will not be able to use the trademarks appearing on the Site or the Products as the case may be, or to file a trademark which would prejudice the owner of the rights, unless otherwise stipulated in the contract.
The same applies to any other intellectual property right.
12. WARRANTIES AND LIABILITY
BODY & CLYDE commits itself to use the confidential information of the Clients only in the context of the exploitation of its Site.
BODY & CLYDE is not responsible if the Site is inaccessible or presents any anomalies of access or bugs for any reason whatsoever.
BODY & CLYDE reserves the right to put forward a third party on the Site in any way whatsoever and is not responsible for third party sites to which visitors are directed from the Site.
Intellectual property rights:
All the Products, as well as the texts, comments, photos, brands, graphics, concept, illustrations and images composing the Site are the exclusive property of L’Impertinente and are protected by intellectual property rights in France and in the whole world. Any total or partial reproduction of these elements or the Site is strictly prohibited.
Applicable Law and Jurisdiction:
In case of translation of the Site and the GTC, the French language prevails for interpretation.
These Terms and Conditions are governed by French law. Any dispute arising out of their validity, interpretation and execution shall be subject to the exclusive jurisdiction of the Courts of Parissauf.
For the smooth running of the order, the collected personal data will be subject to a computer processing, the Customer acknowledges having knowledge of it.
As such, the information concerning him may be communicated to technical service providers of BODY & CLYDE.
In addition, BODY & CLYDE will be able to apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by plotting the number of visitors on certain pages.
In accordance with the Law of 6 January 1978 amended by the Law of 6 August 2004, the Client has the right to access and rectify his / her personal data contained in the BODY & CLYDE files. E-mail to: firstname.lastname@example.org or by post to the following address: 19 rue de Longchamp 92200 Neuilly sur seine.
This computer treatment was the subject of a declaration to the National Commission of Informatics and Liberties (CNIL) which issued the receipt No. 1517135 v 0 on 29 June 2011.
13. FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of the event by registered letter with acknowledgment of receipt.
In the event of force majeure or unforeseeable circumstances, in addition to those customarily adopted by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other industrial actions or disputes Civil strife, insurrection, war, bad weather, epidemic, blockade of means of transport or supply for whatever reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, Or regulation of forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties shall be suspended throughout the duration of the event of force majeure without compensation.
If the event of force majeure continues for more than three (3) months, the contract concerned may be terminated ipso jure without compensation for either party.
14. GENERAL PROVISIONS
14.1. Partial validity of clause
If any of the stipulations of these conditions are declared null or void by a competent court, it will be declared unwritten and will not invalidate the other stipulations.
These general terms and conditions can be modified at any time and without notice by BODY & CLYDE the applicable conditions being those in effect at the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address: http://body.ac-preprod.com/boutique/conditions-generales-de-vente/ in a computerized format allowing their printing and / or Downloading, so that the Customer can proceed to their reproduction or backup.
14.3. Applicable law – Court of competent jurisdiction
These general conditions are subject to French law as regards the substantive rules as well as the rules of form. Any dispute shall be the subject of a prior attempt to reach a friendly settlement.
In the absence of an amicable settlement, competence is attributed to the competent French courts, notwithstanding plurality of defendants or appeal in guarantee.
14.4. : Reproduction of the applicable texts (Ordinance 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Art. L. 211-4. Of the Consumer Code
The seller is obliged to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Art. L. 211-5. Of the Consumer Code
– In order to comply with the contract, the property must:
1. Be fit for the customary use of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities which he has presented to the Client in the form of a sample or a model;
– present the qualities which a Client may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the Customer, brought to the knowledge of the seller and which the latter has accepted.
Art. L. 211-12. Of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Art. 1641 of the Civil Code
The seller is liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminishes that use, that the Customer has not acquired it, or Would have given a lesser price if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
You can contact BODY & CLYDE by phone at 01 46 37 03 19.