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
Any order made by phone, e-mail or WhatsApp is subject to the acceptance of these general conditions of sale (hereinafter "TCS") which exclusively govern all contractual relations between:
- TITLE I. – PARTIESBetween the unsdersigned:
1 Between the undersigned: BA&SH LONDON LIMITED, private limited company registered under number 09223575, and whose registered office is located at C/O Browne Jacobson Llp, 6 Bevis Marks, London, EC3A 7BA, England (hereinafter “BA&SH”),
Hereinafter referred to as the “Seller”, on the one hand,
2° The individual
Any individual, over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, wishing to purchase by phone, email or WhatsApp, the Products offered for sale by BA&SH and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity (hereinafter the "Client").
It has been agreed as follows:
- TITLE II. – WHEREASThe present Terms and Conditions of Sales (hereinafter the “TCS”) define the rights and obligations of the Parties in the context of the sale of Products by phone, e-mail or WhatsApp.
The TCS regulate exclusively all the order and all the sales contracts executed by phone, email and WhatsApp between BA&SH and the Client, to the exclusion of all other conditions, and they shall prevail upon any other version or document.
Consequently, the act of ordering implies the complete and whole acceptance of these conditions by the Client.
The Client declares having obtained from BA&SH, prior to placing an Order, all the information on the Products and the delivery terms. The Client declares that he/she is solely responsible for the choice of the Products and their suitability for his/her needs.
BA&SH is free to modify, at any time and without prior notice, the present TCS, to take into account any legal, jurisprudential and/or technical evolution. BA&SH shall inform the Client by any means, who must accept the new TCS.
Each Order will be deemed to be placed in compliance with the terms of the TCS in force on the date of the Order.
BA&SH retains the right to refuse any Order in the event of non-compliance with the TCS by the Client.
- TITLE III – AGREEMENTSArticle 1. Definitions
BA&SH shall designate the company BA&SH LONDON LIMITED, registered under number 09223575, and whose registered office is located at C/O Browne Jacobson Llp, 6 Bevis Marks, London, EC3A 7BA, England.
Client shall designate any individual, over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, wishing to purchase by phone, email or WhatsApp, the Products offered for sale by BA&SH and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity.
Order shall designate the process whereby the Client selects by phone, email or WhatsApp the Products that he wishes to purchase and pay the amount due to BA&SH.
Parties shall designate BA&SH and the Client.
Product shall designate any Product offered for sale in BA&SH physical stores in the United Kingdom, and which the Client may order by phone, email and WhatsApp.
Store shall designate the BA&SH physical stores, located in United Kingdom, where the Client wishes to place an Order. Article 2. Order
Article 2 – Products
The Products sold by BA&SH comply with current regulations in the United Kingdom.
The Products are sold within the limits of available stocks in the Store. Despite all precautions taken, it is possible that a Product ordered may no longer be available. In such an event, BA&SH shall undertake to inform the Client as soon as possible and, where applicable, to reimburse the Client for the full amount paid using the same means of payment previously used by the Client.
Article 3 – Order
The Client has the possibility of placing Order by phone, email or WhatsApp directly to the Store.
In order to obtain the phone number and/or email address of the Store, the Client is invited to contact the Store or BA&SH by email (firstname.lastname@example.org) which will provide the Client with the contact details of the Store.
All Order imply the acceptance of the price of the Products available for sale.
BA&SH 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 cancel period;
• the link to the payment platform of the Order
• the TCS.
The Client must check the content of the communication as soon as possible and immediately notify BA&SH 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.
Any Order implies an obligation to pay by the Client what the Client has to do by accessing the payment platform of the Order, pursuant to the conditions of Article 7, the link of which is communicated by BA&SH in the confirmation of receipt of its Order.
An invoice will be sent to the Client by email once the price of the Order is fully received by BA&SH.
Article 4 – Validity of the Order
This confirmation of the Order by the Client counts as the signature and express acceptance of the Order carried out by phone, e-mail or WhatsApp.
It is expressly agreed that, except in the event of an obvious mistake on the part of the Seller, the data stored on BA&SH’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.
BA&SH reserves the right to refuse any Order for which the selling price of the Products is incorrect. In such a case, BA&SH shall inform the Client as soon as possible and the Order will be cancelled.
The archiving of the Order forms and invoices is carried out on a reliable and durable support in such a way as to be equivalent to a faithful and durable copy.
Article 5 - Delivery
BA&SH shall not begin the preparation of the Order until receipt of the full price of the Order from the Client.
The Client may have the ordered Products delivered to the address of his/her choice situated in the United Kingdom or may choose to collect them at the Store.
If the Client choose to be delivered directly, he will have to indicate to the Store his/her address and his/her postal code with precision and without any abbreviations.
If the delivery address 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 at the Store by indicating it expressly to the Shop when placing the Order.
For more information on the delivery and collection of Products, the Client may ask the Store.
BA&SH 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 receipt of the full price of the Order by BA&SH. The average time observed for delivery of the Products in the United Kingdom is seven working days and, where applicable, three 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 of more than seven working days past the time frame provided at the time of the Order’s placing or, absent a provided time frame, no later than thirty days after receipt of the full price of the Order by BA&SH, the Client may enjoin BA&SH, by registered letter with acknowledgement of receipt, or in writing on another durable support, to deliver or ensure the availability of the Products in-store within a reasonably extended deadline.
If BA&SH 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 days.
All delivery and in-Store provision times, including those mentioned on the Order receipt confirmation, are determined as accurately as possible by BA&SH.
BA&SH shall not be held liable for unforeseeable delays in delivery or in-Store provision, provided that, except in cases of force majeure, the Products are delivered or provided in-Store within a maximum period of seven days following the date of the initial delivery or in-store provision date provided by BA&SH.
In the event that BA&SH is unable to deliver or ensure the provision of the Products in-store due to a sudden, even temporary, unavailability of the Products, BA&SH shall inform the Client immediately and, at the latest, within fourteen days of the initial delivery date or date of availability in Store provided by the Seller at the time of the order.
BA&SH 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 directly return the Products free of charge to the Store.
The amounts already paid by the Client will be refunded without delay and at the latest within fourteen days following the return of the Products.
To track an ongoing order, the Client may consult the online tracking information. The Client may also contact the Store or BA&SH’s client service department at the following email address email@example.com.
After the Products have been shipped, BA&SH will provide the Client with a shipping notice e-mail with the tracking number of the 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 the Client, 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 the Client, is required to check:
(i) that the number of delivered packages matches the description in the shipment document and the invoice; and
(ii) 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 the Client, 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.
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 BA&SH.
Article 6 – Prices
The price of the Products is indicated in Pounds Sterling (£) all taxes included, notably on the confirmation of Order.
Unless otherwise mentioned, the prices do not however include shipping costs.
The VAT paid, which is included in the price, will be the applicable VAT rate in force on the day the order is completed.
Any change in the applicable VAT rate shall be reflected in the price of the Products.
BA&SH reserves the right to modify the prices at any time. The Products will be invoiced on the basis of the prices applicable at the time the Order is paid by the Client.
In the event that an abnormally low price is indicated due to a technical or human error, BA&SH retains the right to ask the Client to add to the price already paid or to cancel the Order by reimbursing the full amount already paid.
Article 7 – Payment
Orders are paid cash on the day of the Order by credit card (Visa, Mastercard, American Express).
BA&SH uses Adyen which ensures the secure transmission of credit card numbers using SSL protocol.
BA&SH cannot be held responsible in place of Adyen. Using Adyen implies acceptance of the general conditions of use of the company Adyen (here) by the Client.
The online supply of the credit card number or other banking information and the validation of the Order and its payment shall constitute proof that said Order is complete, and the sums committed in the Order shall become due and payable.
However, in the event of fraudulent use of the Client's credit card or banking information, the Client is invited, as soon as such use has been established, to contact BA&SH 's client service department by e-mail at the following address: firstname.lastname@example.org.
The Order is confirmed when the Client pays the Products on the link received by email, to the address indicated by the Client, in order to make the payment online on a secure platform.
Article 8 – Retention of title
BA&SH retains ownership of the Products sold until full and effective payment of the price by the Client.
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 shall be required to individualise the Product from BA&SH.
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 9 - Right to cancel
Clients are informed that, pursuant to Article 29 of the Consumer Contracts Regulations 2013, they may cancel the contract at any time in a period of fourteen (14) days after the Client or a third party other than the transporter and designated by the Client, physically take possession of the Products, without giving any reason, and without incurring any liability except under these limitations:
- where enhanced delivery chosen by Client;
- where value of Products diminished by Client handling;
- where Products returned by Client;
- where Client requests early supply of service
In the case of an Order relating to several Products delivered separately or to a Product delivered in several lots or pieces, this period expires on the day on which he/she take possession of the last Product / lot / piece. The day on which the Order is concluded or the day on which the Product is
received shall not be counted within this period. If this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
Pursuant to Article 28 of the Consumer Contracts Regulations 2013, the right to cancel cannot be exercised notably for agreements for the supply of Products (i) which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery, as well as for (ii) that are made to the Client's specifications or are clearly personalised.
In order to exercise their right of withdrawal, Clients are invited, before the expiry of the aforementioned period, to notify BA&SH's client service department of their decision to withdraw from the agreement by means of an unambiguous statement (e.g. letter sent by post or email), using, where applicable, the form provided at the end of these TCS.
After exercising his/her right of withdrawal, the Clients are invited to return the Product in question to the Store where the Products are bought without undue delay and no later than fourteen (14) days after having communicated to BA&SH their decision to withdraw. 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 Clients.
In the event of withdrawal, BA&SH will reimburse all payments received, including delivery costs in the case in which the Clients decided to choose the delivery to the Client's address (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 BA&SH) without undue delay and no later than fourteen (14) days from the day on which BA&SH has been informed of the decision to withdraw (reimbursement may be deferred until BA&SH has received the Products concerned or until the Client has provided BA&SH 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.
The Clients who exercises their right of withdrawal may be held liable for the depreciation of the Products concerned 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 10 – Warranties
BA&SH is under a legal duty to supply Products that are in conformity with the TCS.
Under section 9 of the Consumer Rights Act, BA&SH shall ensure that the Products sold are of satisfactory quality, which may be appreciated through various factors, including any description of the Products, the price or other consideration for the Products, and) all the other relevant circumstances.
The quality of the Products includes their state and condition, and notably the fitness for all the purposes for which Products of that kind are usually supplied, appearance and finish, freedom from minor defects, safety and durability.
The warranty does not cover anything which makes the quality of the Products unsatisfactory, which is specifically drawn to the Client’s attention before the contract is made, where the Client examines the Products before the contract is made, which that examination ought to reveal, or in the case of a contract to supply Products by sample, which would have been apparent on a reasonable examination of the sample.
Within thirty (30) days from the delivery of the Products, if the said Products do not conform to the contract, the Client has the right to reject the Products and treating the contract as at an end. The Client shall return the Products to the Seller and the Seller shall give the Client a refund, under the same conditions set out in Article 9 of the TCS.
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.
According to Article 23 of the Consumer Rights Act, the Client may then require the Seller to repair or replace the Products and BA&SH must do so within a reasonable time and without significant inconvenience to the Client, and the Client may bear any necessary costs incurred in doing so, unless it is impossible or disproportionate compared to a price reduction or final right to reject.
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.
According to Articles 23 and 24 of the Consumer Rights Act, the Client may then require BA&SH i) to repair or replace the Products and BA&SH must do so within a reasonable time and without significant inconvenience to the Client, and the Client may bear any necessary costs incurred in doing so, unless it is impossible or disproportionate compared to a price reduction or final right to reject, or ii) to reduce by an appropriate amount the price the Client is required to pay under the contract and to receive a refund from BA&SH for anything already paid by the Client.
Article 11 – Return
Returned Products must imperatively be accompanied with all their accessories, the purchase invoice, the return form issued by BA&SH by email, perfectly protected and sent by post at the Client's risk and peril to the Store, or directly returned to the Store by the Client.
If the right of cancel is exercised, the Products must be returned at the Client's expense in their original packaging and in perfect condition for resale (undamaged, damaged or soiled).
If the warranties are exercised, the Products must be returned in their original packaging if possible. Depending on the evidence provided by the Client to BA&SH's client service department within the framework of the exercise of these guarantees, BA&SH is likely to issue a prepaid voucher which will enable the Client to return the Product without having to bear the costs.
Article 12 – Personal Data
The following categories of personal data relating to the Client may be processed by BA&SH as part of the execution and management of the Order as well as for invoicing purposes:
• Information relating to the Client (surname, first name, phone number, postal address, e-mail address)
• Information relating to the Order (Product reference, Store, date, place of delivery…)
• Payment information (means of payment)
The personal data relating to the Client shall exclusively be processed within the United Kingdom and the European Union by BA&SH, and its data processors, and will be deleted within 10 years from the end of the relevant fiscal year.
Within the limits established by law, the Client has the right to request from BA&SH the access to the personal data relating to the Client, the rectification or deletion of such data, or a limitation of the processing, or the right to object to their processing and the right to their portability by sending an e-mail to the e-mail address email@example.com, justifying his/her identity by any sufficient means.
The Client may at any time lodge a complaint with the ICO if he/she considers that the personal data concerning him/her is not processed in accordance with the law and regulations in force.
Article 13 – Liability
BA&SH does not guarantee any specific results.
In any case, BA&SH 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 14 of these TCS.
Likewise, BA&SH 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 14 – 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 15 – Intellectual property
BA&SH 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 Site 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 and models or any other element on which BA&SH would hold intellectual property rights.
Article 16 –Miscellaneous
17.1 Completeness of the TCS
The parties acknowledge that this Agreement 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.
17.2 Modification of the TCS
No subsequent document, no modification of the TCS 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 the TCS 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 address indicated on the Order form for the Client and at the address appearing above in TITLE 1 of the TCS for BA&SH.
17.5 Applicable law and disputes
The present TCS are subject to the law of the United Kingdom.
In the event of a dispute relating to an Order, the Client must first contact BA&SH, 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 are free to refuse the solution proposed by the mediator.
It is expressly recalled that requests for out-of-court settlement do not suspend the statute of limitations.
In the event of a dispute, the competent court shall be that of the defendant's place of residence, or, at the defendant's discretion, where delivery of the Product was made
- WITHDRAWAL REQUEST
(Please complete and return this request if you wish to withdraw)
For the attention of
BA&SH LONDON LIMITED
C/O Browne Jacobson Llp, 6 Bevis Marks, London, EC3A 7BA, England
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:
(*) Delete as appropriate
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.