Terms & Conditions
TITRE I. THE PARTIES
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,
2° The individual
Browsing, reading, 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:
TITRE II. WHEREAS
These conditions only apply to Clients who are natural persons, non-merchants and who therefore acquire the Products sold on the Seller’s Website for their own personal use, and not for any 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 unreserved acceptance of 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.
TITRE III. AGREEMENTS
Article 1. Definitions
1.1 Seller refers to the French 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/us).
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 honor 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 the Products is disproportionate.
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/us/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 (30) days after confirmation of the order. The average time observed for delivery of the Products in the United States of America 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 seven (7) working days past the time frame provided at the time of execution of the agreement or, absent a provided time frame, no later 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.
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
(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 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.
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 Afterpay).
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. 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 9. 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, color appearing on the screen that differs from the color 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 10 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 10. 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 11. 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 12. Term
The present conditions apply so long as the Seller continues to offer his services online.
Article 13. Miscellaneous
13.1 Integrated Agreement
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.
13.2 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.
13.5 Applicable law and disputes
The present GTCS are subject to the laws of the State of New York.
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 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.