terms & conditions
The trade website ba-sh.com (“Site") is an electronic commerce website accessible via the internet and open to all users of the network. The Site is operated by ba&sh SAS (« ba&sh »), a subsidiary of ba&sh Group.
office location : 67 avenue Raymond Poincaré, 75016 Paris
Contact email :email@example.com
- Title I. – PARTIESBetween the unsdersigned:
1 Between the undersigned: 1° The French company BA&SH, having a share capital of €1 000 000, registered in the Trade and Companies Registry of Paris under number 449 158 898, having its registered office at 67 Avenue Raymond Poincaré 75016 Paris, France, and having the VAT number FR42449158898.
Hereinafter referred to as the “Seller”, on the one hand,
Browsing, acknowledging, reserving, ordering and/or buying a good or a service offered on the Seller’s website.
Hereinafter referred to as the “Client”, on the other hand.
It has been agreed as follows:
- Title II. – WHEREASThese conditions only apply to the Clients being individual persons, non-merchants, that acquire the products for their own personal consumption and not in the frame of their potential professional activity.
These General Terms and Conditions of Sales (hereinafter “GTCS”) exclusively govern all orders and sales agreements executed between the Seller and its Clients, to the exclusion of all other conditions and they shall prevail, where applicable, over any other version or document.
Consequently, the act of ordering implies the complete and whole accession to these conditions by the Client.
The fact that the Seller does not invoke, at any given time, one of the provisions of the GTCS shall not be interpreted as a waiver of said term for the future.
Any amendments made to the GTCS are enforceable against the Client as soon as they are uploaded onto the Website and do not apply to any prior transaction already executed at the time of the upload.
- Title III – AGREEMENTSArticle 1. – Definitions
1.1 Seller refers to the simplified joint stock company BA&SH, with a capital of €1,000,000, registered with the Paris Trade and Companies Registry under number 449 158 898, and having its registered office at 67 Avenue Raymond Poincaré 75016 Paris, France.
1.2 Client means any Client who browses, reads, reserves, orders and/or purchases a product or service offered on the Website.
1.3 Products means any Product offered on the Website.
1.4. Service means any service offered on the Website.
1.5 Website refers to the infrastructure developed by the Seller according to formats compatible with the Internet, including several types of data, including text, sound, still or animated images, videos, database, all for the purpose of being consulted by the Client to discover the available Products and Services (http://www.ba-sh.com/ie/en).
1.6 Internet refers to the various server networks located world-wide, linked together through a communication network, and communicating through a specific protocol known as TCP/IP.
Article 2. – Order
The Client may place an order online for the Products offered on the Website. The order can only be registered on the Website if the Client has identified himself by entering his Client identification code and password, which are strictly personal, or via the guest mode found on the Website.
The Client who wishes to buy a Product must create a Client account at the time of their first order, or order via the guest mode found on the Website.
All orders necessarily imply the acceptance of the price and description of the Products available for sale.
The Seller shall honour the orders received via the Website, but only to the extent of the available stocks of Products. If a Product is unavailable, the Seller shall inform the Client promptly. Cancellation of the order and its reimbursement, where possible, will then be processed.
The Seller shall provide the Client, by email, the confirmation of receipt of its order including:
a summary of the Products ordered and their references;
the price of the Products;
the quantity of Products
the date of the order
delivery or in-store pick-up charges;
the payment method chosen by the Client;
the indication that the Client benefits from a withdrawal period.
The Client must check the content of the communication as soon as possible and immediately notify the Seller of any errors or omissions.
Failure to do so shall be deemed to constitute acceptance of the order and its terms and conditions by the Client.
Article 3. – Validity of the Order
The online input of the credit card number or other banking information, the confirmation of the order and its payment will be evidence that said order is complete, and the sum incurred for the order will become due and payable.
This confirmation counts as the signature and express acceptance of all operations carried out on the Website.
However, in the event of fraudulent use of his credit card, the Client may contact the Seller’s Client service by e-mail at the following address whenever it is deemed necessary: firstname.lastname@example.org.
It is expressly agreed that, except in the event of an obvious mistake on the part of the Seller, the data stored on the Seller’s computer systems, under reasonable conditions of security, shall have probative value with respect to orders placed by the Client. Data on computer or electronic media constitute valid proof and as such are admissible under the same conditions and with the same probative value as any document that would be drawn up, received or kept in writing.
The Seller reserves the right to refuse all orders for which the selling price of the Products is incorrect, in particular when the price of Products is disproportionate.
It is expressly agreed that, unless obvious error from the Seller, the data stores in the computer systems of the Seller, in reasonable security conditions, constitute valid evidence of the orders made by the Client. The data on computer or electronic devices constitute valid evidence and are admissible as such under the same conditions and with the same probative value than any document that would be drafted, received and kept in writing
In such a case, the Seller shall inform the Client as soon as possible and the order will be cancelled.
The archiving of order forms and invoices is carried out on a reliable and durable medium in such a way as to be equivalent to a faithful and durable copy.
Article 4 – Delivery
The Client may have the ordered Products delivered to the address of his/her choice or may choose to collect them from a selection of stores, if this service is available in the Client’s region.
If the Client chose to be delivered directly, he/she will have to indicate his address and his/her postal code with precision and without any abbreviations; if he/she chose the pick-up option, he/she will have to indicate which store he/she wishes to pick-up from.
If the delivery address or the store provided by the Client is invalid and leads to a return of the Products for non-receipt at the address provided, the costs of reshipping or provision of the Products to the newly provided address will be borne by the Client.
The Client may choose the method of delivery and/or collection of the Products.
For more information on the delivery and collection of Products, including the list of stores that may offer the Product collection service, the Client may consult the following page https://ba-sh.com/ie/en/pages/delivery.html.
The Seller commits to delivering or, when requested, in-store provision (Monday to Friday, except for public and national holidays) without delay and no later than thirty days after confirmation of the order. The average time observed for delivery of the Products in the United Kingdom is seven (7) working days and, where applicable, three (3) working days for availability in-store (not including the time taken to prepare the order).
In the event of a delay in delivery or in-store provision (when requested) of more than thirty (30) days after confirmation of the order, the Client may enjoin the Seller, by registered letter with acknowledgement of receipt, or in writing on another durable medium, to deliver or ensure the availability of the Products in-store within a reasonably extended deadline.
If the Seller does not comply, the Client may then cancel the order by registered letter with acknowledgement of receipt. Reimbursement will be made within a maximum period of fourteen (14) days.
All delivery and in-store provision times, including those mentioned on the order receipt confirmation, are determined as accurately as possible by the Seller.
The Seller shall not be held liable for unforeseeable delays in delivery or in-store provision (when requested), provided that, except in cases of force majeure, the Products are delivered or provided in-store (when requested) within a maximum period of seven (7) days following the date of the initial delivery or in-store provision (when requested) date provided by the Seller.
The Seller is not responsible of delivery delays that are unforeseeable, provided that, except in case of force majeure, the Goods are delivered in a maximum of 7 (seven) days after the delivery date indicated by the Seller.
In the event that the Seller is unable to deliver or ensure the provision of the Products in-store due to a sudden, even temporary, unavailability of the Products, the Seller shall inform the Client immediately and, at the latest, within fourteen (14) days of the initial delivery date or date of availability in store (when requested) provided by the Seller at the time of the order.
The Seller may offer the Client an equivalent Product, which the Client shall be free to accept or reject.
If this equivalent Product is not suitable after the Client has accepted and received it, the Client shall bear the return costs. However, the Client may return the Products free of charge to the store of his choice.
The amounts already paid by the Client will be refunded to him without delay and at the latest within fourteen (14) days following the payment of the amounts paid by the Client.
To track an ongoing order, the Client may consult the online tracking information. He or she may also contact the Seller’s Client service department at this email address: email@example.com.
After the Products have been shipped, the Seller will send the Client a shipping notice e-mail with the tracking number for his order.
The delivery or availability of the Products shall be made in the presence of the Client, or a person expressly appointed by the Client, at the recipient's address provided in the order.
In order to collect the Products ordered to be collected in-store, the Client, or the person expressly appointed by him, must be able to provide proof of identity and proof of order.
At the time of delivery or provision in-store of the Products, the Client, or the person expressly appointed by him, is required to check:
(i) that the number of delivered packages matches the description in the shipment document and the invoice; and
(i) that the packaging is intact, undamaged, not wet or altered in any way, including the materials used to close the package.
The Client, or the person expressly appointed by him, must immediately contest any damage to the packaging and/or the Products, as well as any error in the number of packages and/or the non-conformity of the description, by affixing a “subject to inspection” notice on the delivery slip or withdrawal receipt of the Products. Once accepted, the Client may not make any claim regarding the external appearance or quantity of the Products in the order.
When the Client orders Products on the Website that are to be delivered outside of the European Union, they may be subject to import taxes and other obligations, which are levied once they reach 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; the Seller has no control over these costs.
Customs policies vary from country to country, Client should contact the local customs services for more information. Moreover, when the Client places an order on the Website, he or she will be considered the official importer of the Products and must comply with all laws and regulations of the country in which the Client wishes to receive the Products.
International Clients are informed that cross-border deliveries may be opened and inspected by customs authorities.
Article 5 – Transportation risks
The risk of loss of or damage to the Products shall pass to the Client upon physical possession of the Products by the Client, or third party designated by the Client, other than the carrier proposed by the Seller.
When the Client entrusts the delivery of the Products to a carrier other than the one proposed by the Seller, the risk of loss of or damage to the Products shall pass to the Client when the Products are handed over to the carrier.
No claim for missing, damaged or lost Products may be made by the Client against the Seller for the Product whose delivery has been entrusted by the Client to a carrier other than the one proposed by the Seller, nor may any claim for missing, damaged or lost Products be made by the Client against the Seller after they leave the Seller's warehouses.
Article 6 – Price and payment methods
The prices of the Products on the Website are indicated according to the following rule:
ba-sh.com/fr: 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 ($) excluding taxes.
ba-sh.com/int: in US Dollars ($) excluding taxes.
ba-sh.com/hk: in HKD (HKD) excluding taxes.
The VAT paid, which is included in the price, will be the applicable VAT rate in force on the day the order is completed.
Prices do not however include shipping costs.
Any change in the applicable VAT rate or exchange rates shall be reflected in the price of the Products.
Likewise, if one or more taxes or contributions were to be created or modified, whether increased or decreased, this change may be reflected onto the sale price of the items found on the Seller's Website and the sales documents.
The Seller shall regularly check that all prices on the Website are correct. The Seller does not, however, guarantee that no errors may be found on the Website.
If an error in a provided price should occur, the Seller shall allow the Client to choose between (i) reconfirming the purchase of the Product at the correct price and (ii) cancelling the order.
If the Seller is unable to contact the Client, the order will be considered as cancelled.
When ordering online, the Client must pay either by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard, American Express) or via other direct bank payments (PayPal or iDeal).
Article 7 – Retention of title clause
The Seller retains ownership of the Product sold until full and effective payment of the full purchase price.
Until full payment of the price, the Client shall refrain from pledging the Products subject to retention of title or using them as a guarantee and must individualize the Seller's Products.
These provisions do not affect the transfer to the Client, upon delivery of the Product or its retrieval from the store, under the provisions of Article 5 of these Terms and Conditions of Sale, of the risks of loss and deterioration of the Products subject to retention of title, as well as the liability for any damage or prejudice that they may cause.
Article 8. Right to cancel
Clients are informed that, pursuant to Regulation 14 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations, S.I. 484 of 2013, they may cancel the contract at any time in a period of fourteen (14) days after the Client acquires physical possession of the Products, without giving any reason, and without incurring any costs or liability except under these limitations:
Direct cost of returning Products
Diminished value of Products;
Services provided during cancellation period.
In the case of sales contracts for multiples Products that are ordered by the Client in one order and delivered separately, the cancellation period expires after fourteen (14) days from the day on which the Client acquires physical possession of the last of the Products.
In the case of sales contract for Products consisting of multiple lots or pieces, the cancellation period expires after fourteen (14) days from the day on which the Client acquires physical possession of the last lot or piece.
Pursuant to Regulation 13 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations, S.I. 484 of 2013, the right of withdrawal cannot be exercised to the contracts for the supply of (i) non-prefabricated Products made on the basis of an individual choice, or decision, by the Client (ii) Products that are clearly personalised (iii) of sealed goods that are not suitable for return for health protection and hygiene reasons and were unsealed after delivery.
In the event the Client wishes to return the Products, the Client is invited, before the expiry of the aforementioned period, to notify the Seller either (i) in writing in an unambiguous statement and sent through any chosen medium or (ii) by returning the withdrawal form accessible through the Client’s account on the Website or provided at the end of the GTCS, both of which may be sent:
By email to: helpa-sh.com
By mail at the following address
67 Avenue Raymond Poincaré
The Client must return the Products to the above address without undue delay and no later than fourteen (14) days after having communicated to the Seller its decision to withdraw, unless otherwise stated at the time the order was placed. The return will be considered dated as postmarked or stamped within the store. If the fourteen (14) day period expires on a Saturday, Sunday, public holiday or any non-working day, the period is extended to the next following business day.
This time limit is deemed to have been respected if the Product is returned before the expiry of this period.
The costs and risks associated with the return are the sole responsibility of the Client.
The Product must be returned in its original condition (packaging, conservation of the label, copy of the invoice, the Product having undergone no alteration), otherwise it will not be taken back nor exchanged.
To avoid any loss or theft, the Seller recommends that the Client return the Product by registered parcel with acknowledgement of receipt or, if necessary, directly to the store among the suggested list of stores. Additionally, the original packaging must be carefully protected to avoid being damaged.
The Seller reserves the right to refuse any return of Products that does not comply with the above-mentioned conditions.
In the event of valid withdrawal, the Seller will reimburse all payments received, including delivery costs (except for any additional costs arising from the fact that the Client has chosen a delivery method other than the less expensive one offered by the Seller, in that case the Seller must reimburse any payment for delivery received from the Client up to the amount the Client would have paid if the Client had chosen the least expensive common and generally acceptable kind of delivery offered by the Seller) without undue delay and no later than fourteen (14) days from the day on which the Seller has been informed of the decision to withdraw (reimbursement may be deferred until the Seller has received the Products concerned or until the Client has provided the Seller with proof of dispatch of the Products, whichever occurs first).
The same means of payment as that used for the Order will be used, unless the Client expressly agrees to a different means on condition that the Client does not incur any additional costs as a result.
The Clients who exercises their right of withdrawal may be held liable for the depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
If the value of the Products is diminished by any amount as a result of handling of the Products by the Client beyond what is necessary the sort of handling that might reasonably be allowed in a shop to establish the nature, characteristics and functioning of the Products the Seller may recover that amount form the Client, up to the contract price. This amount may be deducted from the amount to be reimbursed or be paid by the Client to the Seller.
Article 9. Warranties
The Seller is under a legal duty to supply Products that are in conformity with the GTCS.
Under Section 14 of the Sale of Goods Act of 1893, the Seller shall ensure that the Products shall be of merchantable quality provided that if the Client has examined the Products, there shall be no implied condition as regards to defects which such examination ought to have revealed.
Where there is a breach of warranty, pursuant to Section 53 of the Sale of Goods Act of 1893, the Client is not by reason only of such breach of warranty entitled to reject the Products, but may:
Set up against the Seller the breach of warranty in diminution of the price; or Maintain an action against the Seller for damages for the breach of warranty.
The measure of breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.
If the fault is discovered by the Client within the first six (6) months from the delivery of the Product, the fault is presumed to have been there upon delivery of the Product unless the Seller can prove otherwise.
The action resulting from a breach of warranty must be brought within six (6) years from the time of delivery of the Products, after which the warranty expires.
If the fault is discovered by the Client after the first six (6) months from the delivery of the Product, the Client has the burden to prove that the Product was faulty at the time of the delivery of the said Product.
The Seller guarantees the authenticity of all Products purchased on the Website.
Article 10. Confidentiality and Personal Data
The Seller implements all necessary measures to ensure the confidentiality and security of personal data transmitted over the Internet.
Personal data relating to the Client may be processed by the Seller, including in the context of the ordering process and delivery management.
Article 11. Liability
The Seller shall put in his best efforts to meet his obligations, but in no way guarantees any results.
The Seller may not be held liable for the technical and environmental factors that do not allow the Client to properly visualize the Product’s exact appearance (e.g.: hair of the model on a detail of the garment, colour appearing on the screen that differs from the colour of the garment, etc.).
The Seller shall aim to describe the Products with the utmost accuracy, or to present a photograph on the Website when possible, it being understood that the photographs shown on the Website are not binding.
The Client acknowledges and accepts that the prices of the Products are likely to vary between the Website and the stores, 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 Website or in stores.
In any case, the Seller may not be held liable where the non-performance of its obligations would be attributable either to (i) the unforeseeable and insurmountable act of a third party to the agreement or to (ii) a case of force majeure as defined in Article 12 of these GTCS.
Likewise, the Seller may not be held liable for any inconvenience or damage inherent to the use of the Internet, including an interruption in service, external intrusion or the presence of computer viruses.
Article 12. Force majeure
The responsibility of either Party may not be engaged where the performance of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, whether due to the act of a party or third-party, or due to external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunication network or of the electrical network.
Article 13. Intellectual Property
The Seller is the exclusive owner of the intellectual property rights related to the Products offered on the Website or in stores – rights which are regularly registered by the Bouchara law firm specialized in intellectual property law: www.cabinetbouchara.com. This includes all trademarks, service marks, shape marks, design patents and copyrights associated with the Products, on the Website and all its elements, including on the visual and graphic identity, on its design, its ergonomics, its functionalities, the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and on the names, acronyms, logos, or other signs which could be used, made or used by the Seller.
It is forbidden to use the trademarks, images, designs, or any other element on which the Seller could hold intellectual property rights.
Moreover, the intellectual property rights on the documents contained on the Website and each of the elements created for this Website are the exclusive property of the Seller, who does not grant any license, nor any other right other than consulting the Website. The reproduction of any page or content of the Website is subject to prior written authorization from the Seller, except in the case of private copies.
The reproduction of any documents published on the Website is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for any other purpose being strictly prohibited.
It is also forbidden to copy, modify, create a derivative work, reverse engineer and/or otherwise attempt to locate the source code (except as provided by law), sell, assign, sub-license or transfer in any way any rights in the software.
It is also forbidden to modify the software or to use modified versions of the software, including for the purposes of (but not limited to) obtaining unauthorized access to the service and accessing the Website by any means other than through the interface provided by the Seller for this purpose.
The Website and any software used in connection therewith may contain confidential information protected by applicable intellectual property and/or other laws.
Article 14. Term
The present conditions apply so long as the Seller continues to offer his services online.
Article 15. Miscellaneous
15.1 Integrated Agreement
The parties acknowledge that the GTCS constitutes the entire agreement between them and supersedes any prior offer, provision or agreement, whether written or oral.
The headings of the Articles in these terms and conditions have been inserted for the convenience of the Client and are in no way intended to restrict or modify any of the terms or provisions hereof.
15.2 Modification of the Agreement
No subsequent document, no modification of the Agreement in any form shall be effective between the parties unless it is in the form of an amendment duly dated and signed by both Parties.
If any of the provisions of this Agreement are found to be invalid under any applicable law or any final court decision, such provision shall be deemed to be void, without invalidating the Agreement or affecting the validity of the remaining provisions.
The Parties elect domicile at the addresses provided (i) in the order form for the Client on the one hand, and (ii) at the address appearing on the Website for the Seller on the other hand.
15.5 Applicable law and disputes
The present GTCS are subject to Law of the Republic of Ireland.
In the event of a dispute relating to an Order, the Client must first contact the Seller, in order to find an amicable solution, by email at firstname.lastname@example.org.
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute.
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute.
The referral to conventional mediation or any alternative dispute resolution method can only take place after the Client has made prior written representations to the Seller.
The Parties are free to refuse the solution proposed by the mediator.
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Inthe event of a dispute, the competent court shall be that of the defendant's place of residence or, at the defendant's choice, the place of actual delivery of the Product.
(Please complete and return this request if you wish to withdraw)
For the attention of
67 Avenue Raymond Poincaré
I/We (*) hereby notify you (*) of my/our (*) withdrawal request the Contract for the sale of the Product(s) (*) below:
Name of the consumer(s):
Address of the consumer(s):
If your request concerns only part of your Order, please specify the Products you wish to cancel and their quantity:
The e-gift card is valid for a period of one year from the date the email is sent to the e-gift card's recipient. The e-gift card is non-refundable, however any items purchased with the the credit on the gift card will be refunded in full to the gift card credit.
You can pay for all or part of your purchases using the ba&sh e-gift card. The e-gift card can be used as often as the owner wishes, until the total amount is used up, as long as this is still during the validity period. The balance available on the e-gift card is the difference between the sum that was available before the purchase and the sum used to make that purchase. When the purchase price exceeds the e-gift card's available balance, the difference can be paid by any other means of payment. You can check the available balance on the "e-gift card" page. This e-gift card does not have the owner's name on it. Its owner is exclusively responsable for its use.
Refunds, where applicable, for items purchased with the e-gift card that are then returned will be reimbursed in the form of credit. This will be sent by email to the address of the customer who used the e-gift card for a purchase on www.ba-sh.com. The refund method mentioned above is an essential condition and as such is expressly accepted when making a purchase and/or using the e-gift card.
After the validity period expires, the e-gift card cannot be renewed or used to make purchases and none of the credit on the card can be claimed back. Additionally, e-gift cards cannot be purchased using another e-gift card.
The purchase of an e-gift card implies a waiver of your right of withdrawal.
E-gift cards obtained from the outset by illicit means are null and void; they cannot be used to make purchases and the money on them cannot be refunded to you.
The purchase and/or use of an e-gift card means that you expressly and unreservedly accept these general conditions of use, which the buyer can see on the site www.ba-sh.com.
E-gift card credit
The credit is valid for a period of one year from the date of receiving the email containing the information about it. You can pay for all or part of your purchases using your credit. Credit can be used as often as the owner wishes, until the total amount is used up, as long as this is still during the validity period. The available credit balance is the difference between the sum that was available before the purchase and the sum used to make that purchase. When the purchase price exceeds your available credit balance, the difference can be paid by any other means of payment.
The credit is in the customer's name and is linked to their account. The available balance can be seen at any time in the "my account" section on ba-sh.com. Its owner is exclusively responsable for its use.
Refunds, where applicable, for items purchased with credit that are then returned will be reimbursed in the form of credit. This will be sent by email to the address of the customer who used the credit for a purchase on www.ba-sh.com. The refund method mentioned above is an essential condition and as such is expressly accepted when making a purchase and/or using the credit.
After the validity period expires, the credit cannot be renewed or used to make purchases and none of the credit balance can be claimed back.
The purchase and/or use of the credit means that you expressly and unreservedly accept these general conditions of use, which the buyer can see on the site www.ba-sh.com.