DEFINITION OF PARTIES
Represented by Alexandre Bizet as Seller, duly authorized for the purposes hereof.
The self-employed #bakashop, domiciled at 330 chemin des Pertuades, 06220 Vallauris, can be reached by email and site messaging.
The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
These General Conditions of Sale apply to all sales of Products or Services made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address:
https://www.bakashop.fr/conditions-generales-de-vente. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 - PRICE
The prices of products sold through the websites are indicated in Euros and precisely determined on the Product description pages. They are also indicated in euros on the product order page, and excluding specific shipping costs. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete their order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, where applicable its options and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions, and payment of products. – Delivery of products. The Customer will then receive an acknowledgment of receipt of the order confirming it. For products delivered, without a specific message, this delivery will be made to the relay point closest to the address indicated by the Customer. For the purposes of successfully completing the order, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 - SECURITY
The site was created on Wix, a publicly listed global player in online sales. The platform guarantees encryption and total security of all your data.
Payments are made via Stripe (CB) and Paypal which also guarantee total security of your transactions.
ARTICLE 6 - PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract upon payment. The Seller undertakes to honor the Customer's order within the limits of available stocks. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the product sales pages, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested by contacting the Seller by email.
ARTICLE 7 - RESERVATION OF OWNERSHIP CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 8 - DELIVERY TERMS
Without specification provided, the products will be delivered to the relay point closest to the address which was indicated when ordering. The Seller will provide an email once the order has been processed to ensure order tracking. The Seller points out that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. If the package is lost en route (tracking confirming that it never arrived at the relay point and was never collected), we will refund the order in fullwithinof 30 days. If the package has not been collected from a relay point and has been returned to us, new shipping costs will be requested to reship the package. If the customer requests a refund instead of return, the shipping costs of the first shipment will not be refunded. Orders placed outside the European Union may be subject to customs duties to be paid upon receipt of the package.
ARTICLE 9 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
ARTICLE 10 - PAYMENT
Payment is due immediately upon ordering, a deposit will be requested for pre-ordered products. The Customer can make payment on our site or on VINTED which will ensure the smooth running of the transaction. Once receipt of the order is confirmed, the money will be transmitted to the seller. By providing your banking information during the sale. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.
ARTICLE 11 - WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; they must also be accompanied by a copy of the invoice signed by the customer briefly explaining the reasons for the return.
ARTICLE 12 - GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in new products. The Seller will offer a purchase voucher proportional to product failures. If no agreement is reached, a refund and return at the buyer's expense is possible. The seller reimburses the buyer or exchanges new products that are apparently defective or do not correspond to the order placed (unopened) in the event of a PROVEN MAJOR defect. The refund request must be made by contacting the Seller by messaging or email. The Seller reminds that the consumer has a period of 14 days from delivery of the good to act with the Seller. The consumer can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between cancellation of the sale, a reduction in the sale price or a purchase voucher (provisions of articles 1644 of the Civil Code). Please note: resolution cannot be obtained if the product is only affected by a minor defect (however, #Bakashop may be accommodating and make a commercial effort depending on the circumstances and the evidence of minor defects provided)
ARTICLE 13 - COMPLAINTS
If applicable, the Buyer may submit any complaint by contacting the company by email or by simple letter.
ARTICLE 14 - INTELLECTUAL PROPERTY RIGHTS
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the supplier(s). No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 15 - FORCE MAJEURE
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 16 - NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
ARTICLE 17 - GDPR AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the rights to question, access, modify, oppose and rectify the personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the execution of this contract.
ARTICLE 18 - APPLICABLE LAW
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.