general terms & conditions of sales
- Title I. – THE PARTIESBetween the unsdersigned:
1. The Company BA&SH, French SAS with a capital of € 1 000 000, registered in the Paris Trade and Companies Registers under number 449 158 898, whose registered office is located at 67 Avenue Raymond Pointcaré 75016 Paris, France, and whose VAT number is FR42449158898, represented by Mr Pierre-Arnaud GRENADE, in his capacity as Chief Executive, specially authorised for the purposes of the present contract
Hereinafter referred to as the “Seller”, on the one hand,
2. The individual
Browsing, learning about, reserving, ordering and/or purchasing a product or a service offered on the Seller’s website.
Hereinafter referred to as the “Client”, on the other hand.
The following has been stated and agreed:
- Title II. – PRESENTATIONThese conditions only apply to non-trading Clients who are acquiring the products for their own personal use and not for any professional activity.
These general terms and conditions of sale (hereinafter, "GTCS") exclusively govern all orders and sales contracts concluded between the Seller and its Clients, to the exclusion of all other conditions, and shall prevail, where applicable, over any other version or other document.
Consequently, the fact of placing an order implies the Client's full and unreserved acceptance of these conditions.
The fact that the Seller does not at a given time invoke one of the clauses of these GTCS shall not be interpreted as a waiver of the right to invoke this clause at a later date.
Changes to the GTCS are enforceable against the Client as soon as they are posted on the site accessible from the URL address http://ba-sh.com and cannot be applied to transactions concluded previously to the changes being published online.
- Title III – UNDERSTANDINGSArticle 1. – Definitions
Each of the expressions and terms mentioned below, which may be singular or plural depending on the context in which they are used, shall have, in these GTCS, the meaning of the definitions specified below when used with a capital letter.
1.1 Seller means the company BA&SH, French SAS with a capital of €1,000,000, registered in the Paris Trade and Companies Register under number 449 158 898, whose registered office is located at: 67 Avenue Raymond Poincaré, 75016 Paris, France.
1.2 Client means any individual who browses, acquaints himself with, reserves, orders and/or purchases a Product or service offered on the Site.
1.3 Products means any Product offered on the Site.
1.4.Site means the infrastructure developed by the Seller in accordance with the computer formats usable on the Internet, comprising data of various kinds, and in particular text, sound, still or animated images, videos and databases, intended to be consulted by the Client in order to learn about the Products and purchase the Products (http://www.ba-sh.com).
1.5 The Internet refers to different networks of servers located in various places around the World, linked together by communication networks, and communicating using a specific protocol known as TCP/IP.
Article 2. – Ordering
The Client may place an order online for the Products offered on the Site. The order can only be registered on the Site if the Client has clearly identified himself by entering his Client code and password, which are strictly personal, or via the guest mode proposed on the Site.
Any order implies acceptance of the price and description of the Products available for sale.
The Seller undertakes to fulfil orders received on the Site within the limits of available stocks of Products. If the Products are not available, the Seller undertakes to inform the Client as soon as possible. The cancellation of the order for the Product that are out of stock and its possible reimbursement will then take place.
The Seller undertakes to send the Client a confirmation of receipt of the order by e-mail, including the following:
- a summary of the Products ordered and their references
- the price of the Products
- the quantity of the Products
- the date of the order
- the cost of the delivery or collection from the shop
- the payment method chosen by the Client
- the metion that the Client has a withdrawal period.
The Client must check the content of the communication as soon as possible and notify the Seller immediately of any errors or omissions.
The absence of a response to the confirmation of receipt of the order shall be deemed to be an acceptance of the order and its terms by the Client.
Article 3. – Validity of the Order
The online provision of the credit card number or other banking information and the confirmation of the order and its payment shall be deemed proof of the completeness of the said order, and shall be deemed proof of the sums involved in the order.
This confirmation is equivalent to a signature and express acceptance of all operations carried out on the Site.
However, in the event of fraudulent use of his bank card, the Client is invited, as soon as this use is noticed, to contact the Seller's Client service by e-mail at firstname.lastname@example.org.
It is expressly agreed that, except in the event of an obvious error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, shall have evidential value with regard to orders placed by the Client. Data on computer or electronic media shall constitute valid evidence and as such shall be admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
The Seller reserves the right to refuse any orders where the selling price of the Products is incorrect. In this case, the Seller will inform the Client as soon as possible and the order will be cancelled.
Order forms and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy.
Article 4 – Delivery and collection
The Client may have the Products ordered delivered to the address of his choice or collect them from a selection of shops in France.
He/she must indicate very precisely his/her address and postal code without any abbreviation if he/she chooses delivery of the Products, or the shop of his/her choice if he/she chooses collection of the Products.
If the delivery address or the shop given by the Client is not valid and therefore leads to the return of the Products for non-receipt at the address given at the time of the order, the costs of returning the Products to the new address given will be charged to the Client.
For more information on the methods of delivery and collection of the Products, and in particular the list of shops that can offer the Product collection service, the Client is invited to consult the following page https://ba-sh.com/fr/fr/pages/delivery.html.
The Seller undertakes to make deliveries, or if necessary to make the Products available to the Client in the shop, as soon as possible, from Monday to Friday, with the exception of public holidays and national holidays, and in any event no later than thirty (30) days after confirmation of the order.
The average time observed for the delivery of Products in metropolitan France is seven (7) working days and three (3) working days for the availability in shop. It is however specified that this time does not take into account the order preparation time.
In the event of a delay in delivery or in making the Products available in the shop of more than seven (7) working days in relation to the deadline indicated at the time of the order or, failing that, at the latest thirty (30) days after confirmation of the order, the Client may enjoin the Seller by registered letter with acknowledgement of receipt, or by a written document on another durable medium, to carry out the delivery or, where applicable, to make the Products available in the shop within a reasonable additional period.
If the Seller does not comply within this period, the Client may then cancel the order by registered letter with acknowledgement of receipt. The refund of the order will then take place within a maximum of fourteen (14) days.
All delivery times and, if applicable, the time of availability of the Products in the warehouse, including those mentioned on the order confirmation, are determined as accurately as possible by the Seller.
In the event that the Seller is unable to deliver or make available in shop the Products ordered due to a sudden, even temporary, unavailability of the Products, he shall inform the Client of this without delay, and at the latest fourteen (14) days after the date of delivery or availability in shop announced by the Seller at the time of placing the order, by e-mail.
The Seller may offer the Client an equivalent Product, which the Client shall be free to accept or not.
If this equivalent Product is not suitable for the Client after acceptance and receipt, the return costs will be borne by the Client. The Client may, however, return the Products free of charge to the shop of his/her choice if necessary. The sums already paid by the Client will be reimbursed as soon as possible and at the latest within fourteen (14) days following the return of the Products.
For the follow-up of the order in progress, the Client can consult his/her Client account on the Site as well as contact the Seller's Client service at the email address email@example.com.
After the Products have been dispatched, the Seller shall send the Client a dispatch notification e-mail with the order tracking number.
The Products shall be delivered or made available in the presence of the Client or a person expressly designated by the Client at the address indicated at the time of ordering.
Where applicable, in order to collect the Products ordered in the shop, the Client or the person expressly designated by him/her must provide proof of identity and proof of order.
At the time of delivery or when the Products are made available in the shop, the Client or the person expressly designated by the Client is required to check:
- that the number of Products delivered corresponds to the information on the transport document (DDT) and the invoice;
- that the packaging of the Products is intact, undamaged and altered in any way whatsoever.
The Client or the person expressly designated by him/her must immediately notify any damage to the Products or an error in the number of Products or the non-conformity of the information, by placing a written control reservation on the proof of delivery or collection of the Products in the shop. Once the Products have been accepted, the Client may not challenge the external appearance of the order.
Where the Client orders Products on the Site for delivery outside the European Union, the Client may be subject to import duties and taxes, which are levied when the Products arrive at their destination.
Any sale of the Products outside the European Union will not be subject to VAT.
Any additional customs clearance costs shall be borne by the Client, as the Seller has no control over such costs.
As customs policies vary from one country to another, the Client is invited to contact the local customs service for more information. Furthermore, when the Client places an order on the Site, the Client is considered to be an importer of the Products concerned and therefore undertakes to comply with all the laws and regulations of the country to which the Products are shipped or made available by the Seller.
Article 5 – Transportation risks
The risk of loss or damage to the Products shall pass to the Client upon delivery or collection of the Products by the Client.
When the Client entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Products is transferred to the Client when the Products are handed over to the carrier.
No claim for a credit note or exchange of a missing, damaged or lost Product after it has left the Seller's warehouses may be made by the Client against the Seller for the Product whose delivery the Client has entrusted to a carrier other than the one offered by the Seller.
Article 6 – Prices and Payment methods
The prices of the Products on the Site are indicated according to the following rule:- ba-sh.com/en: in Euros (€) all taxes included;
- ba-sh.com/nl: in Euros (€) all taxes included;
- ba-sh.com/be: in Euros (€) all taxes included;
- ba-sh.com/de: in Euros (€) all taxes included;
- ba-sh.com/es: in Euros (€) all taxes included;
- ba-sh.com/uk: in Pounds Sterling (£) all taxes included;
- ba-sh.com/ch: in Swiss Francs (CHF) excluding taxes;
- ba-sh.com/dk: in Danish Crowns (DKK) all taxes included;
- ba-sh.com/ie: in Euros (€) all taxes included;
- ba-sh.com/it: in Euros (€) all taxes included;
- ba-sh.com/us: in US Dollars ($) excluding taxes;
- ba-sh.com/hk: in HKD (HKD) excluding taxes;
- ba-sh.com/int: in local currencies of countries.
Where applicable, the VAT included in the price of the Products is the one in force on the day of the order by the Client. Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the Products.
Likewise, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products offered on the Site.
Unless otherwise stated on the site, the price of the Products is exclusive of delivery costs.
The Seller undertakes to check regularly that all prices indicated on the Site are correct but cannot guarantee the absolute absence of errors.
If an error in the price of a Product occurs, the Seller will give the Client the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Client, the order will be considered cancelled.
The Client must pay for his online purchases at the time of ordering by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard, American Express) or other direct bank payments (PayPal, iDeal, etc.).
The Client also has the option of paying for purchases from one hundred and fifty (150) euros to two thousand (2,000€) in three (3) or four (4) instalments free of charge by Visa and Mastercard with a validity date greater than the chosen financing period. The Seller's partner offering this financing solution, Oney Bank, registered in the Lille Trade and Companies Register under number 546 380 197, reserves the right to refuse any financing request. Where applicable, in the event of acceptance of the credit application, the Client's order is placed on the Site as follows:
- One (1) compulsory deposit, debited on the day of the confirmation of the shipment of the order, corresponding to one third or one quarter of the price of the order;
- Two (2) or three (3) monthly payments, each corresponding to one third or one quarter of the order, to be made respectively thirty (30) and sixty (60) days after confirmation of dispatch of the order for payment in three (3) instalments and respectively thirty (30), sixty (60) and ninety (90) days after confirmation of dispatch of the order for payment in four (4) instalments.
Article 7 – E-gift card
The e-gift card is valid for one (1) year from the date it is sent to the Client, or to any other recipient of the Client's choice.
This e-card can be used to pay for all or part of the purchases on the Site. It can be used as often as the holder wishes, until the total amount is used up during its validity period. The balance available on the e-Gift Card will be the difference between the amount available before the purchase and the amount used to make the purchase. Where the purchase price exceeds the available balance of the e-Gift Card, the difference can be paid by any other means of payment. The available balance can be checked on the "e-gift card" page on the Site.
The e-gift card is not nominative. The holder is exclusively responsible for its use.
Refunds, if any, for Products purchased with the e-gift card and returned will be made in the form of a credit note. This will be sent by e-mail to the address of the Client who made the purchase with the e-gift card.
The credit note is valid for a period of one (1) year from the date of receipt of the email containing the relevant information. The Client may pay for all or part of his purchases with the credit note. The credit note can be used as often as the holder wishes, until the total amount is used up during its period of validity. The balance available on the credit will be the difference between the amount available before the purchase and the amount used to make the purchase. When the purchase price exceeds the available balance of the credit, the difference can be paid by any other means of payment.
The credit note is nominative and is attached to the Client's account. The amount available can be viewed at any time in the "my account" section on the Site. Its holder shall be exclusively responsible for its use.
Refunds, if any, for products purchased with the credit note and returned will also be made in the form of a credit note.
Once the validity period of the credit or e-gift card has expired, it cannot be renewed or used for purchases and no available balance can be claimed.
An e-gift card cannot be purchased with another e-gift card.
E-gift cards originally obtained by illegal means are null and void and cannot be used for purchases and their price cannot be refunded.
Article 8 – Retention of title clause
The Seller retains ownership of the Product sold until full and effective payment of the price.
Until the price has been paid in full, the Client shall refrain from pledging or using the Products subject to retention of title as security and shall separate the Product from the Seller.
These conditions do not prevent the transfer to the Client, as soon as the Product is delivered or collected from the shop, of the risks of loss and deterioration of the Products subject to retention of title, as well as the responsibility for any damage or prejudice that they may cause.
Article 9 – Right of withdrawal
If the Client is not satisfied with the Products ordered, he may exercise his right of withdrawal without giving any reason.
The Client then has a period of fourteen (14) days from the delivery or collection in shop of the Products ordered on the Site to return them, with the postmark or the shop concerned acting as proof, where applicable. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
In this case, the Client must notify his decision to withdraw in writing in an unambiguous statement sent in the manner of his choice or by returning to the Seller the withdrawal form accessible on the Site from his Client account or in the annex to these GTCS:
- By email to: firstname.lastname@example.org.
- By mail at the following address:
Zac de la Butte aux Bergers
11 Avenue du Noyer de la Malice
At the same time, the Client shall return the Product which is the subject of this withdrawal to the Seller within the same period of time, by sending it to the above address.
The Product must be returned complete in new and undamaged condition, otherwise it will not be retaken or exchanged.
The Seller advises the Client, in order to avoid any loss or theft, that the Product be returned by registered parcel with acknowledgement of receipt. Furthermore, the original packaging must be carefully protected to avoid any deterioration in boxes or cartons.
The costs of returning Products ordered in France and in the United States are borne by the Seller via a prepaid return label. For Products ordered outside of the above-mentioned countries, the return costs, including customs and taxes if applicable, shall be borne exclusively by the Client.
In the event of a valid withdrawal by the Client, the Seller shall refund all sums paid, including delivery costs, by the Client for the Product concerned.
This reimbursement will take place within fourteen (14) days from the day the Seller was informed of the Client's decision to withdraw. Nevertheless, if the Client does not return all the Products of the same order and keeps some of the ordered Products, he acknowledges and accepts that the delivery costs will not be reimbursed by the Seller.
The Seller reserves the right to defer the refund of the Products until it has received them or until the Client provides the Seller with proof of shipment of the returned Products.
The right of withdrawal cannot be exercised for all products excluded by law in article L. 221-28 of the French Consumer Code, unless otherwise agreed by the Parties, and in particular Products that have been customized at the request of the Client, Products for contracts for the supply of goods made to the Client's specifications or clearly personalized, as well as for the supply of goods that have been unsealed by the Client after delivery and that cannot be returned for reasons of hygiene or health protection (e.g., pantyhose or underwear worn, etc.)
Article 10 – Guarantees
10.1 Guarantee against hidden defects
The Products offered by the Seller are subject to the guarantee against hidden defects set out in Article 1641 of the French Civil Code, which states that "The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unsuitable for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, if he had known about them.
An action for latent defects must be brought within two (2) years of the discovery of the defect.
The Client may decide to implement the guarantee against hidden defects of the thing sold by choosing between the resolution of the sale or a reduction of the sale price in accordance with the provisions of Article 1644 of the Civil Code.
10.2 Legal guarantee of conformity
The Products are also subject to the legal guarantee of conformity provided for in the French Consumer Code, which stipulates in particular that: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
The Client has a period of two (2) years from the delivery of the Products to obtain the implementation of the legal guarantee of conformity in the event of a defect in conformity. During this period, the Client is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entitles the Client to repair or replace the Product concerned within thirty (30) days of his request, free of charge and without any major inconvenience to him.
If the Product concerned is repaired under the legal warranty of conformity, the Client benefits from a six (6) month extension of the initial warranty.
If the consumer requests the repair of the Product concerned, but the Seller imposes the replacement, the legal warranty of conformity is renewed for a period of two (2) years from the date of the replacement of the Product.
The Client may obtain a reduction in the purchase price by retaining the Product concerned or terminate the contract by obtaining a full refund in return for the return of the Product, if:
- The Seller refuses to repair or replace the Product concerned
- The repair or replacement of the Product concerned will take place after a period of thirty (30) days;
- The repair of replacement of the Product concerned causes major inconvenience to the Client, in particular if the Client definitively bears the costs of taking back or removing the non-conforming Product, or if he bears the costs of installing the repaired or replacement Product;
- The non-conformity of the Product concerned persists despite the Seller's unsuccessful attempt to bring it into conformity.
The Client is also entitled to a reduction in the price of the Product concerned or to rescission of the contract if the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the Client is not obliged to request the repair or replacement of the Product concerned beforehand.
The Client is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilisation of the Product concerned for the purpose of repair or replacement shall suspend the warranty which was due until the delivery of the Product concerned in a reconditioned state.
10.3 Legal guarantee of authenticity
The Seller guarantees the authenticity of all Products purchased on the Site.
Article 11 – Pricavy and personal data
Personal data relating to the Client may be processed by the Seller, in particular in the context of placing an order on the Site and managing the delivery of Products.
The Seller shall take all necessary steps to ensure the confidentiality and security of the personal data transmitted by the Client on the Site.
Article 12 – Environement
Under the conditions provided for in the French Environment Code, and in application of the principle of extended producer responsibility, the Seller proves to be a member of the following eco-organisations:
The possession of these unique identifiers issued under the extended producer responsibility is deemed to be compliance by the Seller with its obligations.
Article 13 – Responsibility
The Seller has an obligation of means for all stages of the ordering of Products, as well as for the stages after the order has been placed.
The Seller shall not be held responsible for a presentation of the Products that does not allow the Client to view them completely and accurately (e.g.: colour appearing on the screen differing from the colour of the garment etc.).
However, the Seller undertakes to describe as accurately as possible or to present a photograph of the Products sold on the Site, it being understood that the photographs are not contractual.
The Client acknowledges and accepts that the prices of the Products are likely to vary between the Site and the shops, and that under no circumstances may this price difference be used as a basis for a request for total or partial reimbursement of the Products purchased either on the Site or in the shops.
In all cases, the Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law, or to the act of the Client.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Article 14 – Force majeure
Neither party may be held liable if the execution of the contract is delayed or prevented due to force majeure or a fortuitous case, the fault of the other party or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity network.
Article 15 – Intellectual Property
The Seller is the exclusive owner of the intellectual property rights - regularly registered by the Bouchara & Avocats law firm specialising in Intellectual Property Law: - on the Products offered on the Site or in physical shops, on the trademarks, service marks, shape marks, designs and models and copyrights associated with the Products, on the Site and all its elements, in particular on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and on the names, acronyms, logos, or other signs that could be made or used by the Seller.
It is forbidden to use trademarks, images, designs or any other element on which the Seller holds intellectual property rights.
Furthermore, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right than that of consulting the Site. The reproduction of any page or content of the Site is subject to prior written authorisation from the Seller, except in the case of private copying.
The reproduction of any documents published on the Site is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
You may not copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to locate the source code (except as provided by law), sell, assign, sublicense or otherwise transfer any rights in the software.
It is also forbidden to modify the software or to use modified versions of the software and in particular (without this enumeration being restrictive) with a view to obtaining unauthorised access to the service and to access the Site by any means other than through the interface provided to you by the Vendor for this purpose.
The Site and any software necessarily used in connection with it may contain confidential information protected by applicable intellectual property or other laws.
Article 16 – Duration
The present conditions apply throughout the duration of the online services offered by the Seller.
Article 17 – General Provisions
17.1 – Entire GTCS
The parties acknowledge that these GTCS constitute the entire agreement between them and supersedes any previous offer, arrangement or agreement, whether written or oral.
The headings of the Articles in these conditions have been inserted for the convenience of the Client and in no way are intended to restrict or modify any of the terms or provisions hereof.
17.2 – Nullity
If any of the provisions of this contract are found to be null and void with regard to a rule of law in force or a judicial decision that has become final, they shall be deemed to be unwritten, without this leading to the nullity of the contract or altering the validity of its other provisions.
17.3 – Address
The parties elect domicile at the addresses indicated at the time of the order for the Client and at the address appearing in the legal notice of the Site for the Seller.
17.4 – Applicable law and disputes
The present conditions are subject to French law.
The parties have the right to resort to conventional mediation or any other alternative dispute resolution method in the event of a dispute. The referral to the mediator is at the expense of the Seller. The parties are free to refuse the solution proposed by the mediator. The Seller's mediator is CM2C (https://www.cm2c.net/ 14 rue Saint Jean 75017 Paris).
The competent court in the event of a dispute shall be that of the defendant's place of residence, or, at the defendant's option, the place of actual delivery of the Product.
SAMPLE WITHDRAWAL FORM
(please complete and return this form if you wish to withdraw)
For the attention of
Zac de la Butte aux Bergers
11 Avenue du Noyer de la Malice
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*) :
Order number :
Ordered on :
Received on :
Name of consumer(s) :
Address of consumer(s) :
(*) Delete as appropriate.