Terms and conditions
ARTICLE 1 - Scope
These general conditions apply to products sold by MIBG, Société par Actions Simplifiée (SAS), with a share capital of 1,000 euros, registered under number 853 609 824 in the Paris Trade and Companies Register, having its registered office social 72 Quai Louis Blériot - 75016 PARIS, represented by its president, Mrs. Inès MANSOUR, VAT number FR93853609824 , Tel: +33 7 99 84 86, email: firstname.lastname@example.org, except with the express and prior derogatory agreement of our company.
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by MIBG to non-professional buyers "The Customers", wishing to acquire the products offered for sale by the Seller "the Products" on the Belines-paris.com site.
They specify, in particular, the terms of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Products offered for sale on the Belines-paris.com site are as follows: women's ready-to-wear (pants, shirts, playsuits, jackets, shorts, Bermuda shorts, etc.)
The main characteristics of the Products, and in particular, the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Belines-paris.com site.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Belines-paris.com site are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are understood within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
Simplified joint stock company (SAS) with a share capital of 1,000 euros, registered under number 853 609 824 in the Paris Trade and Companies Register, having its registered office at 72 quai Louis Blériot - 75016 PARIS, represented by its chairman, Madame Inès MANSOUR,
VAT N ° : FR93853609824
Customer Service: 72 Quai Louis Blériot, 75016 Paris
Telephone call not surcharged: +33 7 56 99 84 86
Director of publication: Inès Mansour
Site host: OVH
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 distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the Belines-paris.com site and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by checking the box provided for this purpose, before implementing the online ordering procedure as well as the general conditions of use of the Belines site. paris.com.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978 and the European personal data protection regulations, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by post and providing proof of identity, to:
Bélinès, 72 Quai Louis Blériot, 75016 Paris
These General Conditions of Sale come into effect until December 31, 2020.
The modifications of these General Conditions of Sale are opposable to the users of the Belines-paris.com site as of their posting on line and cannot apply to the transactions concluded previously.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Belines-paris.com website.
ARTICLE 2 - Orders
It is up to the Customer to select on the Belines-paris.com website the Products he wishes to order, according to the following modalities:
the Customer can browse the site illustrating the products with photographs on different plans, with the possibility of zooming in on the product;
the Customer can examine the descriptive product sheet, it being specified that the site includes an illustration, by photographs, by tutorials, of the use and by the application of the products;
the Customer can select and add the product to the basket;
the Customer can proceed to the visualization then to the validation of the order which includes the price excluding VAT, the taxes (VAT etc.) and the total amount of the delivery costs.
the Customer must tick, before any acceptance of the order, the box after which he accepts the general conditions of sale.
the Customer must subscribe to secure payment, in the case of subscription to the secure remote payment system by card on the Internet (CDN).
The Seller specifies that Payplug is the online payment module, available to each Internet user on your site, after validation of their basket systematically equipped with the 3D Secure * service. It allows the customer to make his purchases on the website by paying by credit card, benefiting from a secure measure, for his banking transactions.
* The 3D Secure service reinforces the security of payments by Visa or Mastercard bank card on the Internet: in addition to the usual bank details (card number, validity date and visual cryptogram), the Internet user must validate his payment at the using a specific authentication code that he receives by SMS via his bank.
The sale will not be considered final until the Buyer has sent confirmation of acceptance of the order by the Seller by email - and after receipt by the latter of the full price.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the Belines-paris.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller is not intended to sell the Products on the Belines-paris.com site to professionals, but only to consumers, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities - and comprising a maximum of SEVEN (7) identical items.
Any changes to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the Seller at least TWO (2) days before the scheduled date for the order. shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of FIFTEEN (15) days from the notification of the impossibility to accept the modifications requested by the Client (unless the latter prefers to benefit from a credit note).
ARTICLE 3 - Prices
The Products are supplied at the current prices appearing on the Belines-paris.com website, when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that would be granted by the Seller on the Belines-paris.com website.
These prices are firm and not subject to revision during their period of validity, as indicated on the Belines-paris.com website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Belines-paris.com website and calculated, prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 4 - Payment terms
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment can be invoiced to the Customer.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France within a period which will not exceed THIRTY (30) days from the conclusion of the contract, in accordance with the provisions of article L 216-1 of the Consumer Code, to the address indicated by the Customer when ordering on the Belines-paris.com site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
In the event that the Products ordered have not been delivered, within THIRTY (30) days from the indicative delivery date, for any reason other than force majeure or due to the Customer, the sale may be resolved, at the written request of the Customer, under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him, at the latest, within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by Colissimo, Mondial Relay or Chronopost, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
The delivery costs are as follows:
France: 6 €
Europe: 8 €
World: 12 €
The Customer is required to check the condition of the products delivered.
He has a period of "3 days" from the delivery to formulate in writing: postal mail with RAR, any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package already open ... ), with all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to conform and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 211-4 et seq. Consumer Code and those provided for in these General Conditions of Sale.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition, within FOURTEEN (14) days following notification to the Seller of the Customer's decision to withdraw.
Returns are to 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 must be exercised, in writing, by sending a RAR letter to the seller's customer service at the following address:
72 Quai Louis Blériot, 75016 Paris
Phone: +33 7 56 99 84 86
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed, the return costs remaining the responsibility of the Customer, except for pre-orders made between the 01/28/2021 and 03/15/2021.
ARTICLE 8 - Responsibility of the Seller - Guarantee
The Products sold on the Belines-paris.com site comply with the regulations in force in France and have performance compatible with non-professional uses.
Each of the Products sold indicate a shelf life after opening (“PAO”) (generally one (1) year) beyond which said products can no longer be used.
The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions indicated above,
the legal guarantee of conformity, for products that are apparently defective, damaged or damaged or do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
has a period of two years from the delivery of the goods to take action against the Seller;
may choose between repairing or replacing the product ordered, subject to the cost conditions provided for in article L 217-9 of the Consumer Code.
is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the product.
The Customer can decide to implement the guarantee against hidden defects of the product, in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing:
the non-conformity of the Products within a maximum period of two (2) years, from the delivery of the Products,
of the existence of hidden defects within a maximum period of two (2) years from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than THIRTY (30) days following the Seller's finding of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
Personal data collected from Buyers is subject to computer processing carried out by the Supplier.
They are recorded in his Customer file and are essential for processing his order.
This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations.
They will be kept as long as necessary for the execution of orders and any guarantees that may apply.
The data controller is the Supplier <address>.
Access to personal data will be strictly limited to the employees of the data controller, authorized to process them by virtue of their duties.
The information collected may, if necessary, be communicated to third parties linked to the company, by contract, for the execution of subcontracted tasks, without the Buyer's authorization being necessary.
As part of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data.
Apart from the cases stated above, the Supplier refrains from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Purchaser, unless it is forced to do so for a legitimate reason. .
If the data is to be transferred outside the EU, the Purchaser will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified.
In accordance with the applicable regulations, the Purchaser has the right to access, rectify, erase and portability data concerning him, as well as the right to oppose processing for legitimate reasons, rights that he can exercise by contacting the data controller at the following postal or email address: "Belines, 72 Quai Louis Blériot, 75016 Paris".
In the event of a complaint, the Purchaser may submit a complaint to:
Personal Data Protection Officer
ARTICLE 10 - Intellectual property
The content of the Belines-paris.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to providing the Services to the Customer. The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 11 - MISCELLANEOUS
11.1Exclusion of unforeseen events
These General Conditions of Sale expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code, for all sales operations of products from the Seller to the Customer.
The Seller and the Customer therefore renounce to avail themselves of the provisions of article 1195 of the Civil Code and of the unforeseeable regime provided for therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable, at the time of the conclusion of the sale, even if their execution would prove to be excessively, costly and to bear all the economic and financial consequences.
11.2 Force majeure
The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
It is expressly agreed that the parties may automatically terminate this contract, without notice or formality.
ARTICLE 12 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
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 will prevail in the event of a dispute.
ARTICLE 13 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been to be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may, in any event, resort to conventional mediation, with the Consumer Mediation Commission (article L 612-1 of the Consumer Code), or with the mediation bodies. existing sectoral, and whose references appear on the Belines-paris.com website, or any other alternative dispute resolution method (conciliation, etc.) in the event of a dispute.
ARTICLE 14 - Pre-contractual information - Customer acceptance
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Terms and Conditions of Sale and all the information and information referred to in Articles L111-1 to L111-7, and in particular :
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; -
- the price of the Products and ancillary costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the Product;
- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it does not appear from the context,
- information relating to legal and contractual guarantees and their implementation methods;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right and standard form of withdrawal), the costs of returning the Products, the terms of termination and other important contractual conditions.
The fact for a natural (or legal) person to order on the Belines-paris.com website implies full and complete acceptance and acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To comply with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX II: MODEL WITHDRAWAL FORM
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of MIBG - 72 Quai Louis Blériot - 75016 Paris, France
I notify you by the presence of my withdrawal from the contract relating to the sale of the property (s) below:
Ordered on …………… .. (date of order) and / or received on …………… .. (date of delivery)
Name of the consumer Client:
Consumer Customer's Address:
Signature of the consumer Client (only if this form is notified on paper)
For any information, you can contact Customer Service at email@example.com or by phone at + 33 7 99 84 86.