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GENERAL SALES CONDITIONS
Products and services accessible on the website www.be-only.com are provided by the company OXYGEN(hereafter “our company”), SAS capital of 200 000€; recorded at the trade and business records of ANGERS under the number 484 413 307, whose headquarters are located ZI EVRE ET LOIRE, 275 rue des Forges, 49 600 BEAUPREAU (France) – Phone +33 (0)2 41 63 97 88 - fax : +33 (0)2 41 70 35 95 - e-mail email@example.com - n° SIRET/SIREN : 484 413 307 00022.
Our company offers a large range of fashion and fancy rain boots (hereafter « the products »), this one is exclusively reserved to the non professional buyers (hereafter « the customer »)
The hereby general sales conditions have for purpose to define the condition of order, payment, delivery and the management of any potential returns of products ordered by the customer.
2. Acceptance of general conditions
Any order to our company implies full acceptance of these sale general conditions which prevail over any other general or special conditions that have not been expressly accepted by our company.
These terms and conditions are available at any time on the website www.be-only.com and will prevail over any other version or any other contradictory document.
The customer declares to have read the terms and conditions and to have accepted them by checking the box provided for this purpose during the online ordering process.
These terms may be the subject to any subsequent amendments. The applicable version is the one validated on the site www.be-only.com at the date of placing the order.
3. Product Overview
The main characteristics of products, including specifications, illustrations and various indications (color, size ...) are presented in www.be-only.com site.
The customer is obliged to take knowledge of them before ordering.
The choice and purchase of a product is the customer's sole responsibility.
Photographs and graphics presented on the site www.be-only.com are not contractual and do not engage the responsibility of our company.
The customer should refer to the description of each product in order to know the main aspects and essential characteristics.
Product offers are available on stock until shortage as precise during the ordering process.
4.1 Prior identification
To place an order, customers should identify themselves with their email address and password. For the first order, the customer should create an account.
During the account creation, the customer must indicate ID (email address and password). The ID codes are personal and confidential.
The customer is solely and entirely responsible for the use and conservation of his ID. He commits to take all measures to ensure complete safety and confidentiality and not disclose them to third parties for any purpose whatsoever.
In case of loss or theft of one or more of his ID, the customer is solely responsible for the consequences that might result.
4.2 Registration and confirmation of the online order
The e-order process is detailed as follow:
- Selection by the customer of the product wished
- Selection by the customer of the color, size and quantity for the selected product,
- Addition to the basket, and validation of the basket,
- Customer identification thanks to the password or the account creation,
- Order Registration by the customer,
- Delivery mode selection,
- Payment method selection,
- Summary presentation with details of the order, so that the customer can proceed to any final checking and correct errors before the registration of the order,
- Customer acceptance of these sale terms,
- Confirmation of the order and payment.
Any order validation implies acceptance of these terms of sale.
Our company addresses electronically to the customer a receipt of the order in which is including a link to these Terms.
The customer can access to the elements of his online order through his account, by advising his ID codes.
FOR ANY ORDER ON-SITE WWW.BE-ONLY.COM PAYMENT IS MANDATORY.
Only paid orders will be considered as firm. Consequently, an order can only be confirmed after the full payment and acceptance of payment by the customer's bank.
4.3 In case of unavailability of a product after the order, the customer is notified by email or phone.
He may then proceed to either the order cancellation or to the modification thereof, by contacting customer service within a maximum of forty-eight (48) hours: by email to the following address: firstname.lastname@example.org
In case of the order cancellation, the customer is refunded at the latest within fourteen (14) days from the payment made.
The unavailability of all or part of the order does not open to any compensation or reparation to the customer.
Our prices are in euros, all taxes included. They take into account the reductions applicable on the day of the order.
The delivery is done via Colissimo service.
The product transport cost is included in the price for orders above 50 Euros delivered in metropolitan France, Corsica and Belgium, to "point de retrait".
For orders that do not meet these conditions, transport costs will be supported by the customer under the conditions indicated on the www.be-only.com website.
|Point de retrait||Sans signature||Avec signature||Expert Colissimo|
|France / Belgique||1||2||3||France Belgique||1||2||3||France Belgique||1||2||3||1||2||3||4|
|En dessous 50€||7,50 €||12 €||15 €||16,50€||8,50€||12 €||15 €||16,50€||9,50€||12,50€||16 €||17,50€||15 €||18,50€||19 €||21,50€|
|A partir de 50€||0 €||6 €||9 €||11,50€||2,50€||6 €||9 €||11,50€||4 €||7 €||10 €||12,50€||10 €||13 €||15 €||18,50€|
|150€ - 199€||4 €||8,50 €||12 €||22 €||5 €||8,50€||12 €||22 €||6 €||9,50€||13 €||23 €||12 €||15 €||24 €||27 €|
|200€ - 249€||5,50 €||10 €||14 €||25 €||6,50€||10 €||14 €||25 €||7,50€||11 €||15 €||26 €||13 €||17 €||27 €||37 €|
|250€ - 299€||8 €||12 €||16 €||30 €||10 €||12 €||16 €||30 €||12 €||13 €||17 €||31 €||14,50€||18,50€||32 €||44 €|
|300€ - 350€||12 €||18 €||21 €||38 €||14 €||18 €||21 €||38 €||15 €||19 €||22 €||39 €||20 €||23,50€||40 €||61 €|
1.Allemagne Luxembourg Pays-Bas
2.Autriche, Espagne, Portugal, Royaume-Uni, Irlande*, Italie*
3.Estonie, Hongrie, Lettonie, Lituanie, République Tchèque, Slovaquie, Slovénie, Suisse, Danemark*, Pologne*, Suède*
4.Finlande, Grèce, Islande, Maghreb, Malte, Norvège, Turquie
*Uniquement via Expert Colissimo
For orders to countries other than France, the customer is the importer of the goods. For all products shipped outside the European Union and overseas territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of our company. They will be at the customer's expense and under its full responsibility in terms of declarations and payments to the authorities of his country. We recommend the customer to inquire about these aspects with the competent local authorities.The payment requested to the customer is the total amount of the purchase, including the transportation fees.
6. Payment Terms
The customer pays his order in total by credit card (Visa, Master-Card France or foreign cards).
Here it is specified that a secure payment system has been set up on the site www.be-only.com (Universal Process SSL associated with CIC payment solution).
Upon confirmation of the order, a confirmation email is accompanied by the invoice sent to the client.
In case of unpaid, inaccurate or incomplete information at the order, our company reserves the right to cancel it, without notice or compensation or whatsoever.
Our company delivers the products to the delivery address specified by the customer during the order process or relay point chosen by the customer (latter method of delivery is only valid for metropolitan France).
Deliveries are made by the post.
Delivery times begin to run from the day the order becomes firm and final.
The deadlines are generally observed are from minimum of 48 hours up to 5 days for a colissimo or package relay.
They are five days for a delivery outside France.
Our company is committed to make its best efforts to deliver the products ordered by the customer within the period announced.
However, if Products Ordered have not be delivered in a extra delay of thirty (30) days after the informative delivery date, or for any other causes than the force majeure or of the customer fact, the sale can Be resolved by written request as specified in the consumer Code in Articles L. 138-2 and L. 138-3 of the Consumer Code.
The payment made by the customer will be refund not later than fourteen days following the contract termination excluding whatsoever compensation.
For the Relais Colis, the withdrawal of the order to the relay point chosen by the customer is made thanks to the customer ID and if necessary, the credit card used for the order payment. Otherwise, the products will not be given to the customer.
8. Withdrawal right and exchange
Under current regulations, the customer has a period of fourteen (14) days from the product reception to exercise his right of withdrawal from us without any reasons or payment of penalties, for exchange or refund purpose.
In the case of an order of several products delivered separately or in the case of an order composed with multiple lots or pieces with delivery spread over a defined period, the withdrawal period from receipt starts when the final product has been received.
The right of withdrawal may be exercised:
- Thanks to the withdrawal form to fill in here
- Or by any other written (letter, email, fax ...), unambiguous, expressing the wish of withdrawal.
In case of exercising the right of withdrawal within the abovementioned period, returns must be made by the customer in their original condition and complete (packaging, accessories, instructions ...) allowing the re-marketing of the products in new condition, accompanied by the invoice, at the latest within fourteen (14) days of the communication of its decision to withdraw at the following address:
BE ONLY ONLINE SHOP
ZI EVRE ET LOIRE,
275 rue des Forges,
49600 BEAUPREAU FRANCE
Products damaged, soiled or incomplete will not be taken back.
In case of exercising the right of withdrawal and return in accordance, only the price of the products purchased and eventually the regular freight paid will be refunded to the customer. The return stay at the customer cost. The exchange (subject to availability) or refund will be made within a maximum of fourteen (14) days from the receipt by our company, products returned by the customer in accordance with this section.
The products sold by our company receive automatically and without additional payment:
- The legal guarantee of conformity defined in Articles L 211-4 by the Consumer Code,
- The legal guarantee against hidden defects defined in Articles 1641 of the Civil Code which allows customers to return defective or nonconforming products delivered.
The action resulting from lack of conformity lapses two years after delivery of the product. The action resulting from latent defects must be brought by the customer within a period of two years from the discovery of vice.
To obtain warranty service, the customer must report the defect to our company from its inception by email or telephone. Any return is subject to the prior agreement of our company and in accordance to our instructions.
In case of non-conformity or hidden defect proved and documented by our company, the customer can order a replacement product by the same product (subject to availability) or in case of unavailability by product equivalent in quality and price. If replacement is not possible, our company is committed to refund the price paid by the customer as soon as possible and at the latest within thirty (30) days of the discovery of lack of conformity by our society.
Our warranty is limited to replacement or refund of non-conforming or affected by a hidden defect products.
However, it is clear that the warranties are excluded for any deterioration or damage resulting of abnormal use conditions, lack of maintenance, voluntary destruction, normal wear and tear, as well as any other cause not -imputable to a manufacturing defect or conception.
It is also stated that the legal guarantees apply only if the customer has fulfilled his obligations, particularly as regards to the payment of the price.
Our company’s responsibility is expressly limited, in any capacity whatsoever; to the value of products and does not cover any compensation or repair of any damage or harm that may be invoked by the customer.
11. Access to the website and links
Considering the specificities of the Internet, our company can provide no guarantee the access continuity, being held in this regard to an obligation of means.
The responsibility of our company can not be liable for damages related to the inability to access the site www.be-only.com, mainly due to a malfunction or network saturation.
Our company takes no responsibility for content on sites published by third parties that the client may need to consult from the links on the www.be-only.com site, and the information and services broadcast by those links.
Accordingly, it is the customer to take all precautions and protective measures useful when using these links, especially against possible virus attack.
12. Intellectual property
Total or partial reproduction of the site www.be-only.com, for use other than personal is strictly prohibited. It is the same for text, comments, works, illustrations and images contained in the site www.be-only.com accordance with the Code of Intellectual Property, as well as international agreements.
13. Personal Data
Customer acknowledges having been informed that, in accordance to Law No. 78-17 of 6 January 1978, called "loi informatique et libértés", information collected by our company are for the proper execution of orders.
They are intended for our company and its partners, the client expressly declares to recognize and accept.
The customer has a right to access, correct and deletes personal information concerning them. If he wishes to exercise this right and obtain information about him, he can contact our company at the address specified in Article 15.
14. Contract Archiving
Data relating to the contract between the customer and our company are stored electronically.
They are available on the customer email request sent to the following address: email@example.com.
15. Customer Service
All inquiries and / or complaints can be submitted to our company:
- By post at. ZI Evre et Loire, 275 rue des Forges, 49600 BEAUPREAU (France)
- By email to the following address: firstname.lastname@example.org
16. Applicable law - disputes
Relationships between our company and its customers are governed by French law, excluding all other legislation.
In case of writing of these terms in multiple languages or translation, the French version shall prevail between the parties.16. Applicable law - disputes: Relationships between our company and its customers are governed by French law, excluding all other legislation.
All disputes or difficulties and, more generally, that any dispute arising between the parties on sales concluded in accordance with these terms and conditions concerning both their validity, interpretation, execution, their consequences and suites that would not could be resolved amicably, will be submitted to the competent court under the conditions of ordinary law.
The customer is informed that he may, before any action to the competent courts, resorting to a conventional mediation, especially from the commission of mediation consumption or from any mediation organization, or any alternative way to resolve the dispute.
Throughout the mediation process until its completion, the parties undertake not to exercise any legal action against each other for the dispute under negotiation.
17. Other stipulations
It is expressly agreed that:
- The presence of an identification validly code identifies the author of a document or message and establish the authenticity of the document or message,
- An electronic document containing an identification code is equivalent to a writing signed document by the issuing person,
- The parties may take advantage of printing on paper an email message from an email program to prove the content of the exchanges they have about the execution of these general conditions.
Unless proved otherwise, the data recorded and stored by our company are proof of all transactions with the customer.
The fact that one of these conditions will not be used at a given time may be interpreted as a waiver to enforce them.
Should any of these conditions be declared void or contrary to a public disposition, it shall be deemed unwritten and the other stipulations remain in force.
In case of conflict between these terms and specific terms agreed between the parties for the order, latter will prevail.