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
TITRE I. – PARTIESBetween the unsdersigned:
1 The Company BA&SH, French Société par actions simplifiée, having a share capital of 1 000 000 €, registered in the Trade and Companies Registry of Paris under the number 449 158 898, having its registered office at 67 Avenue Raymond Pointcaré 75016 Paris, France, and having the VAT number FR42449158898, represented by Ms. Barbara GUEZ – BOCCARA in her capacity of Chairman, duly authorized.
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.
The present General Terms and Conditions of Sales (hereinafter “GTC”) regulate exclusively all the orders and all the sales contracts executed between the Seller and its Clients, 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 accession to these conditions by the Client.
The fact that the Seller does not invoke, at a given time, to the terms of these GTC can not be interpreted as a renunciation to invoking said term in the future
The amendments made to the GTC are enforceable against the Client upon their publication online on the Website and can not be applied to the transactions completed prior to that publication.
Title III – AGREEMENTSArticle 1. – Definitions
Seller designates the French Société par actions simplifée BA&SH, having a share capital of 1 000 000 €, registered in the Trade and Companies Registry of Paris under the number 449 158 898, having its registered office at :67 Avenue Raymond Pointcaré 75016 Paris FRANCE
Client designates any Client that browses, acknowledges, reserves, orders and/or buys a good or a service offered on the website
Good designates any good offered on the website.
1.4. Service designates any service offered on the website.
Website designates the infrastructure developed by the Seller accordingly with the formats available on the Internet including several types of data, and notably text, sound, still or animated image, video, database, for the purpose of being consulted by the Client to know the Goods or Services (http://www.ba-sh.com).
Internet designates the several world-wide server networks, linked together through a communication network, and communicating through a specific protocol known under the name TCP/IP Article 2. – Order
The Client has the possibility of ordering online through an online catalogue available on the Website. The order can only be registered on the website if the Client has previously logged-in with its client identification code and password which are strictly personal.
The Client that wishes to buy a good must create a client account at the time of its first order.
All orders imply the acceptance of the price and description of the goods available for sale.
The Seller undertakes to honor the orders received on the website only to the extent of the available stocks of goods. If a good is not available, the Seller undertakes to inform the Client promptly. The order for that good and its potential reimbursement will then be performed.
The Seller undertakes to provide the Client, by email, with the confirmation of receipt of its order including :
a list of the Goods ordered and their references
the price of the Goods
the quantity to be delivered
the date of the order
the payment method chosen by the Client
the mention that the Client benefits from a withdrawal period.
The Client shall promptly check the content of this confirmation receipt and warn the Seller immediately of any error or omission.
The lack of response to the order confirmation receipt constitutes acceptance thereof and of its terms by the Client
Article 3. – Validity of the Order
Any Client of the website that owns a client number shall follow a procedure to sign in and obtain said number
This number is personal. If this number is lost or forgotten, the Client shall warn the Seller’s services promptly by contacting the Seller’s client service, or by filling the form therefor on the website.
In any case, the communication of the credit card number online and the confirmation of the order and its payment constitute proof of the whole order accordingly with the terms of the Law No. 2000-230 of March 13, 2000 adapting the rules on evidence to information technologies and electronic signatures, and will make the costs of the order payable
This confirmation constitutes signature and express acceptance of all operations carried out on the website
However, in case of fraudulent use of its credit card, the Client shall, at soon as it realized this use, contact the client services of the Seller by email to the adresse firstname.lastname@example.org
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
The Seller has the right to refuse all orders for which the price is incorrect.
The storage of purchase orders and invoices is done on a reliable and long-lasting device in order to match the reliable and durable copy in accordance with Article 1348 of the French Code Civil
Article 4 – Delivery
The Client may ask for a delivery of the ordered goods in a BA&SH store (except affiliated corners – list of shops adhering to this operation : St Honoré - Francs Bourgeois - St Pères - St Dominique -Victor Hugo - Courcelles -Abbesses - Assas - St germain en Laye -Boulogne - Neuilly sur Seine - Lille - Marseille - Toulouse - Nice - Etienne Marcel - Bordeaux – Bruxelles) if this possibility is offered at the time the order is placed.
If the Client choses delivery in a shop, an email will be sent to the Client as soon as the goods are delivery in the store of its choice
The Client shall present itself with the order confirmation and its identification document to collect the goods.
The collection by a third person is possible if it has the email confirmation from the Client and its identification card
If not, the Client shall have the ordered goods delivered at the address of its choice. It shall indicate precisely its address and postal code without abbreviations
If the delivery address indicated by the Client is not valid and thus implies a return of the parcel for lack of reception at the indicated address, the costs of reshipping the parcel at the new address indicated will be borne by the Client
The Client may chose the method of delivery.
The Seller undertakes to deliver the ordered goods promptly (from Monday to Friday, except public holidays). The average delivery time for available articles is 7 working days (this period of time does not take into account the time needed for preparation of the order) for a delivery in metropolitan France.
In case of delay of more than seven days from the date indicated at the time on execution of the contract, the Client may terminate the order by registered letter with receipt confirmation. The reimbursement will be performed in 30 days at the latest.
All delivery dates, included those mentioned in the order confirmation, are calculated as accurately as possible 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 case the Seller can not deliver the ordered Goods because of a sudden unavailability, even temporary, of the Goods, it will inform the Client by email, at the latest fourteen (14) days after the delivery date indicated by the Seller at the time of the order placement.
The Seller may offer a comparable good to the Client, which the Client is free to accept or not. If this good does not suit the Client, the costs of return will be borne by the Client
The sums already paid by the Client will be reimbursed promptly and at the latest thirty (30) days following the payment made by the Client. After that deadline, the amounts dues are subject to interests
For the tracking of the pending order, the Client can check the online order tracking. It can also contact the client service at email@example.com
After shipment of the Goods, the Seller will send the client an email informing of the shipment with the order tracking number
The delivery of the goods must be performed in the presence of the Client or a person expressly designated by the Client at the address of the recipient indicated in the order
At the time of delivery of the Goods the Client must verify :
that the number of delivered parcels matches the indication of the shipment document and the invoice
that the packaging is intact, not damaged, not wet or altered in any manner whatsoever, including the material used to close the parcel
The Client shall immediately point out the potential damages to the packaging and/or Goods or an error in the number of parcels or the non-conformity of the indications, by writing it on the delivery confirmation receipt. After signature of the bill of delivery, the Client may not make any claim as regards the exterior aspect of the delivery.
When the Client orders Goods on the Website to be delivered outside of the European Union, it may be subject to import taxes and obligations, which are collected when the parcel is delivered
Any sale of Goods outside of the European Union is not subject to VAT.
Any additional custom taxes is borne by the Client ; the Seller has no control whatsoever on these taxes
The customs regulations vary a lot from one country to the other, the Client has to contact the local custom services for more information. Moreover, when the Client places an order on the website, it is considered as being the official importer and must comply with all laws and regulations of the country in which it receives the Goods
The protection of your privacy is important to us and draw our international Client’s attention to the fact that international delivery parcels may be open and inspected by local custom authorities
Article 5 – Transportation risks – Insurance
Whichever the sales conditions chosen and notwithstanding the retention of title clause, the Good travels, at soon as it leaves the Seller’s warehouse and/or as soon as it is collected by the transported responsible, at the risks of the Client. The Seller is not responsible for any problem or anomaly intervening during the transport
Moreover, the Client undertakes to obtain an insurance policy on the Goods during their transportation. This insurance must cover all risks of loss, theft, total or partial destruction of the Goods, whichever the origin of the damage, even if fortuitous or force majeure. The Client undertakes provide the Seller, upon request by the latter, with a copy of the insurance policy.
Hence, the Client may not assert any claim against the Seller or request any exchange for Goods, for which the Client is responsible of obtaining an insurance policy, that are missing, damaged or lost after they leave the Seller’s warehouses.
Article 6 – Price and Payment methods
The prices of the Goods on the Website are indicated in Euros (€) all taxes included. They include the VAT applicable on the day of the order
These prices do not include shipping costs according to the applicable amounts at the time of the order.
Any change in the VAT amount applicable or the exchange rates can be reflected on the price of the Goods.
In the same manner, if one or several taxes or contributions are created or amended, increased or reduced, this change can be reflected on the sales price of the articles offered on the Website of the Seller and the sales documents.
The Seller undertakes to check periodically that all prices indicated on the Website are correct, without however being able to guarantee the absence of errors
Should there be an error in the price of a Good, the Seller will give the Client the possibility to reconfirm the purchase of the Good at the correct price or to cancel the order.
In the case the Seller is incapable of contacting the Client, the order will be considered as cancelled
The Client shall pay its purchases online per order by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard, American Express).
Article 7 – Retention of title clause
The Seller remains the owner of the Good sold until full and effective payment by the Client of the price in principal and accessory. Until full payment of the price, the Client shall not encumber the Good with a pledge or collateral security or use them as guarantee and must separate the Goods coming from the Seller
These conditions have no effect on the transfer to the Client, at the time of the delivery of the Good, under the conditions in article 4 of these GTC, of the risks of loss or deterioration of the goods subject to the retention of title clause, as well as of the responsibility for all damages and prejudice they may cause. The Client shall consequently obtain an insurance policy covering the risks arising from the Good upon delivery of thereof.
Article 8 – Right of withdrawal
If the client is not satisfied with the Goods ordered, it can invoke its right of withdrawal without giving any justification. It benefits from a period of fourteen (14) days from the delivery of the Goods to return them.
In this case, the Client must notify the Seller of its decision to withdraw by writing in a non-ambiguous statement send through the method of its choice or by returning the withdrawal form accessible on the Website through the client account :
By email to : firstname.lastname@example.org
By mail at the following address
BA&SH 67 Avenue Raymond Poincaré 75016 Paris FRANCE
Simultaneously, the Client must return the Good subject to the withdrawal in the same period of time, by sending it to the above address.
The Good must be return in a mint condition and with no deterioration, otherwise it will not be taken back
The Seller advises the Client to avoid any loss or theft that the Good be returned in a recorded parcel. Moreover, the original packaging must be carefully protected to avoid any deterioration in the boxes.
The Client bears the costs of return, accordingly with the terms of Article L121-21-3 of the French Code de la Consommation as well as any potential custom taxes
In case of valid withdrawal, the Seller will reimburse the Client of all sums paid, including shipment costs, for the Good in question.
This reimbursement will be performed within 14 days from the day the Seller is informed of the Client’s decision to withdraw.
The reimbursement may nevertheless be delayed until the Seller receives the Goods.
Cases in which the Client has no right of withdrawal
Accordingly with Article L221-28 of the French Code de la Consommation, the right of withdrawal can not be invoked, unless the parties agree otherwise, for goods created especially for the client or clearly customized.
The Client’s attention is thus drawn to the fact that the right of withdrawal is not applicable to the sale of goods personalized at its request.
Article 9 – Exchanges and reimbursements
The Seller wishes to make sure its Clients are fully satisfied
All the goods bought on the Website can be reimbursed except when specified otherwise (example: personalized articles). Exchanges are not possible.
Nonetheless, the Goods bought on the Website can not be reimbursed in shops
The Goods can be reimbursed remotely
The request for reimbursement must be filed by the Client within 14 days from the date of receipt of the ordered Goods, as proved by the post’s stamp. When the deadline is on a Saturday, a Sunday or a holiday, it is delayed to the first working day thereafter.
The Client undertakes to return the Good to the Seller in its original condition (packaging, keeping the tag, copy of the invoice, the Good not being altered)
The Seller undertakes to fully reimburse the Client for the Goods returned if the latter are not used or damaged and are returned with their invoice
The shipment costs for the return of the Goods are borne by the Client. The Seller keeps the rights to refuse the return of the Goods that are not in accordance with the conditions above.
The reimbursement will be performed within thirty (30) days from the date of the withdrawal or of the shipment of the Goods. Beyond that term, the sums due are subject to interests.
It is recommended that the Client sends the returned Goods used registered mail services allowing to track the shipment, notably with a receipt confirmation. The Seller is not responsible of the reimbursement or indemnification for Goods lost, stolen or damaged after their return.
In case of a request for reimbursement the Client shall go on the Website in the section “My account”.
Article 10 – Warranties
10.1 – Warranty against hidden defects
The Goods offered by the Seller are covered by a warranty against hidden defects mentioned in article 1641 of the French Civil Code : “The seller is bound by a warranty in case of hidden defects of the object sold that make it not suitable for the intended use, or that diminish its value to the extent that the buyer would not have bought it or would have both it for a lower price had it known.”
The judicial action for hidden defects must be initiated within two years from the discovery of the defect
The Client can decide to invoke the warranty for hidden defects of the Good sold by choosing between the cancelation of the sale or the reduction of the selling price accordingly with the terms of article 1644 of the French Civil Code
10.2 Legal warranty of conformity
The Goods offered are also subject to a legal warranty of conformity under articles L211-4 and seq. of the French Code de la Consommation :
“The Seller has to deliver a good that is in conformity with the contract and is responsible for conformity defects at the time of the delivery
The Seller is also responsible for conformity defects resulting from the packaging, the assembling or installation instructions when the latter are its responsibility under the contract or are performed under its responsibility”.
The judicial action for conformity defect shall be initiated within two years form the delivery of the Good
The Client does not need to submit evidence of the conformity defect during the 6 months that follow the delivery.
The legal warranty of conformity applies independently of any commercial warranty.
10.3 Warranty of authenticity
The Seller warrants the authenticity of all Goods bought on the Website.
Article 11 – Confidentiality and Personal data
The Seller shall employ all means to protect the confidentiality and secure the data communicated on the Internet
The personal information of the Clients are collected by the Seller in conformity with the Regulation (EU) 2016/679 of the Parliament and the Counsel of April 27, 2016, the law No.78-17 of January 6, 1978 pertaining to information technology, files and freedoms, and law No. 2016-1321 of October 2016 for a Digital Republic.
The processing of the personal data is subject to a simplified declaration filed before the Commission Nationale de l’Informatique et des Libertés (CNIL).
The Data Protection Policy applied by the Seller is available on the Website under the thumbnail “Data Protection Policy”.
Article 12 – Responsibility
The Seller has, for all steps of the ordering process and for steps subsequent to the contract (transportation of goods, for instance) an obligation to use all reasonable means.
The Seller is not responsible for the representation of the Goods that does not allow the Client to visualize them completely or in an accurate manner (example: hair of the model on a detail of the clothes, color appearing on the screen being different with the real color of the clothes, etc…).
The Seller undertakes to describe with the outmost accuracy or show a picture of the Goods sold on its Website. It is understood that the pictures on the Website do not contractually bind the Seller.
The Client acknowledges and accepts that the prices of the Goods may vary between the Website and the shops, and that this difference shall in no case give a right to a reimbursement, total or partial, for the Goods purchased on the Website, or in the shops.
In any case, the Seller is not responsible in case if its obligations are not fulfilled because of an unforeseeable and insurmountable action of a third party to the contract or a case of force majeure as defined by the French case law, or because of an action of the client (article L121-20-3 of the French Code de la Consommation)
In the same manner, the Seller is not responsible for any inconvenience or damage inherent to the use of the Internet network, notably the interruption of the service, an external intrusion or the presence of a computer virus
Article 13 – Force majeure
The Parties are not responsible if the performance of the contract is delayed or prevented because of a case of force majeure or a fortuitous case, action of the other party or of a third party or external reasons such as social conflicts, interventions of civil or military authorities, natural hazards, fires, flooding, interruption of the telecommunication network or electric network.
Article 14 – Intellectual Property
The Seller is the exclusive owner of all Intellectual Property rights on the Goods offered on the Website or physical shops, on the trademarks, service marks, shape marks, models and designs and copyrights related to the Goods, on the Website and any other element, notably the visual and graphic identity, its design, its usability, its functionality, its software, texts, still or animated images, sounds, know-how, designs, graphics and names, acronym, logos, or any other sign that might be used or created by the Seller
It is forbidden to use the trademarks, images, designs and models or any other element upon which the Seller owns Intellectual Property rights
Moreover, the Intellectual Property rights on the documents contained in the Website and any element created for this Website are exclusively owned by the Seller. The latter does not grant licenses, or any other rights other than that of consulting the Website. The reproduction of any page or content of said Website is subject to a prior written authorization of the Seller, except private copies
The reproduction of all documents published on the website is only authorized for information purposed for a personal or private use, any reproduction made for any other purpose being expressly prohibited
It is also forbidden to copy, modify, create a derivative work, invert the conception or assemble or try to obtain the source code in any other manner (except the cases specified by law), sell, assign, sub-license, transfer in any manner whatsoever any right on the software
It is furthermore forbidden to change the software or use amended versions of the software and notably (this list is non-exhaustive) in order to obtain a non authorized access to the service or access the site by another means than the interface made available by the Seller to that end.
The Website as well as any software used necessarily in relation therewith may contain confidential information and information protected by Intellectual Property rights in force or any other law.
Article 15 – Term
The present conditions are applicable during the while duration of the offer put online by the Seller.
Article 16 – General Terms
16.1 – Whole contract
The parties agree that the present contract constitutes the whole agreement entered between them and replaces all offer, term or agreement previously made, in writing or verbally.
16.2 – Amendment of the contract
No subsequent document, amendment of the contract in any form whatsoever will be effective between the parties unless it takes the form of an addendum duly dated and signed by the parties.
16.3 – Invalidity
If any one of the terms of the present contact is invalid in light of an applicable law or definitive judicial decision, it will be considered as not being written, and will have no effect on the validity of the contract or the validity of the other terms.
16.5 – Residence
The parties chose their place of residence as being the one indicated on the order confirmation for the Client and on the Website for the Seller
15.6 – Applicable law and litigation
The present conditions are subject to French law.
The competent Court in case of litigation is the one of the place of residence of the defendant or, if the defendant so choses, the place of the effective delivery of the Good.
The Parties can use conventional mediation or any other alternative method of conflict settlement.