Terms of sale
Preamble
These general conditions of sale apply to all sales made on the By les Audacieuses website.
The website https://bylesaudacieuses.com/ is a service of:
- SARL Les Audacieuses
- Located at 21 rue Blatin 63000 Clermont-Ferrand FRANCE
- URL address of the site: https://bylesaudacieuses.com/
- Telephone number: 07.49.2191.67
The By Les Audacieuses website markets the following products: Piercings, ear jewelery and jewelery accessories.The customer declares to have read and accepted the general conditions of sale prior to the placing of his order therefore constitutes acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties.In this sense, the buyer is deemed to accept them without reservation.These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other contribution and marketing channels.
They are accessible on the By Les Audacieuses website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship.The seller reserves the right to modify its general conditions from time to time.They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Article 2 - Pre-contractual information
The buyer acknowledges having had communication, prior to placing the order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L .221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property
- the price of the good and/or the method of calculating the price
- if applicable, any additional transport, delivery or postage costs and any other charges payable
- in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the good, whatever its price
- information relating to the identity of the seller, to his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and terms of implementation of warranties and other contractual conditions.
Article 3 - The order
The buyer can place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions.He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by e-mail
- and after receipt by the seller of the full price
Any order implies acceptance of the prices and description of the products available for sale.Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: contact@bylesaudacieuses.en
Article 4 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of sums due under the purchase order
- signature and express acceptance of all operations carried out
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 07.49.2191.67
Article 5 - Order confirmation
The seller provides the buyer with an order confirmation, by e-mail.
Article 6 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.Archiving of purchase orders and invoices is carried out on a reliable medium that can be produced as proof.
Article 7 - Product Information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller.They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy.However, if errors or omissions may have occurred in this presentation, the responsibility of the seller could not be engaged.The photographs of the products are not contractual.
Article 8 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros.They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
Article 9 - Method of payment
This is an order with payment obligation, which means that the order involves payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's site.The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.The seller reserves the right to suspend any order management and any delivery in the event of refusal to authorize payment by credit card from officially accredited bodies or in the event of non-payment.The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
- PayPal
Article 10 - Product Warranty
10-1 Legal guarantee of conformity
The seller manages the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L.217-3 and following of the consumer code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer benefits from a period of 2 years from the delivery of the property to act
- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-17 of the consumer code
- the buyer does not have to provide proof of the non-conformity of the goods for 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.
10-2 Legal warranty against hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is responsible for latent defects that may affect the property sold.It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended.This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.
Article 11 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and ask exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions.) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website.In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer.Any mode of declaration of withdrawal is accepted.It must be unambiguous and express the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned deadlines, the price of the product(s) purchased and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 2 to 4 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions set out below.
Exceptions
According to article L221-28 of the consumer code, the right of withdrawal cannot be exercised for contracts:
- of supply of goods depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period
- supplies and goods made to the consumer's specifications or clearly personalized
- supply of goods liable to deteriorate or expire rapidly
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles
Article 12 - Force majeure
Any circumstances of the will of the parties preventing their obligations under normal conditions are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts possible.Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blockage of means of transport or supply, earthquake, fire, storm, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customer.The parties are approaching round to examine the impact of the events and to agree on the General Conditions which may be terminated by the injured party.
Article 13 - Intellectual Property
The content of the website remains the priority of the seller, the holder of the intellectual property rights on this content.Buyers agree not to make any use of this content: any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 14 - Data processing and freedoms
The personal data provided by the buyer is necessary for processing the order and preparing invoices.They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.The buyer has a permanent right of access, modification and opposition with regard to the information concerning.This right can be exercised under the conditions and according to the methods defined on the By Les Audacieuses website.
Article 15 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid and declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all strength and scope.
Section 16 - Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 17 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, the titles will be declared non-existent.
Article 18 - Language of the contract
These general conditions of sale are written in French.In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 19 - Mediation and settlement of disputes
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative method of settling disputes (conciliation, for example) in the event of of dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and European Union professionals.This platform is accessible at the following location: https://webgate.eceuropa.eu/odr/ .
Article 20 - Implementing law
These general conditions are subject to the application of French law.The competent court and the court of law.This is the case for the rules of substance as well as for the rules of form.In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Changes to this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time.If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site.The website will also notify users of the change by email, at least 15 days before the effective date.If the user does not agree with the terms of the new withdrawal of the personal data protection clause, he has the option of deleting his account.
ANNEX
Consumer Code
Article L.217-4: "the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility."
Article L.217-5: "the good complies with the contract:
1• If it corresponds to the description given by the seller and has the qualities that it is to be presented to the buyer in the form of samples or a model
If it has the qualities that a buyer can legitimately expect, it is dared by public declarations made by the seller, the producer or the representative, in particular through advertising or labeling.
2• Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted."
Article L.217-6: "The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them; he was not legitimately in a position to know them."
Article L.217-7: "The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.For goods sold second-hand, this period is set at six months.The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked."
Article L.217-8: "The buyer is entitled to demand that the goods conform to the contract.He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted.The same applies when the defect has its origin in the materials supplied by him."
Article L.217-9: "In the event of a lack of conformity, the buyer chooses between the preparation and the replacement of the good.However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect.He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer."
Article L.217-10: "if repair and replacement of the good are impossible, the buyer can return the good and above all have the price returned, or keep the good and have part of the price returned.The same option is open to him:
1• if the solution requested, proposed or agreed pursuant to Article L.217-9 cannot be implemented within one month of the buyer's complaint
2• or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.However, the resolution of the sale cannot be pronounced if the lack of conformity is minor."
Article L.217-11: "The application of the provisions of articles L.217-9 and L.217-10 takes place at no cost to the buyer.These same provisions do not preclude the rental of damages."
Article L.217-13: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods"
Article L.217-14: "Recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of tangible movable property, according to the principle of the Civil Code."
Article L.317-15: "The commercial guarantee site of any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or the repair of the good or the provision of any other service in relation to the good, we are subject to its legal obligations aimed at guaranteeing the conformity of the good."
Article L.217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or the repair of the good or the service any other service in relation to the good in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller is bound by the legal guarantee of conformity mentioned in Articles L.217-4 to L.217-12 and that relating to the defect of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L.217-4I217-5, L.217-12 and L.217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are fully reproduced in the contract.
In the event of non-compliance with its provisions, the warranty remains valid.The buyer is entitled to rely on it."
Article L.217-16: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remains to run.
This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention."
Civil Code
Article 1641: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them"
Article 1648: "The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect.In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or conformity.