GENERAL TERMS AND CONDITIONS OF SALE
The offer and selling of the products presented on our website, accessible under the domain name "barbarabui.com" (herein after: the "Site") are governed by these general terms and conditions of sale (herein after: the "General Terms and Conditions of Sale"). The products purchased on the Site are sold by BARBARA BUI (herein after "BARBARA BUI" or the "Supplier"), a French société anonyme with share capital of 1,079,440 euros, having its head office at 43, rue des Francs Bourgeois, Paris (75004) - France, registered in the Paris Trade and Companies Registry under number 325 445 963; Telephone: +33 (0) 1 44 59 94 00; Fax: +33 (0) 1 53 01 88 00; E-mail address: firstname.lastname@example.org; VAT FR 18 325 445 963. If you have any questions, please contact our customer service: email@example.com. If you need more information, visit your client profile page. You will find information on orders, deliveries, refunds and returns of products purchased on the Site.
1. Our Sales Policy
The supplier sells products on the Site and undertakes its own e-commerce activity exclusively for natural or legal persons acting in the capacity of consumers, which is to say, on their own behalf for purposes unrelated to any potential business, commercial, industrial, artisanal, independent, agricultural or professional activity. If you are not acting in the capacity of consumer, we ask you not to order products or undertake commercial transactions on the Site.
Consequently, the Supplier reserves the right to not fill orders from any individual who is not a consumer or orders that are not in line with these General Terms and Conditions of Sale, which exclusively govern the offer and acceptance of purchase orders for products on the Site between consumers and the Supplier.
2. How do I order a product on the Site?
2.1 To order one or more products on the Site, you fill out the electronic order form and submit it to the Supplier via the Site, following the instructions provided and the steps detailed there.
2.2 The order form includes information on the key characteristics of each of the products and the price (including the applicable taxes and duties and/or, depending on the country of delivery, the customs duties and other potential charges), the methods of payment accepted for each product and the methods and times of delivery of the products purchased, the shipping and handling costs, the conditions for exercising your right to cancel an order and the methods and times for returning purchased products.
If you live outside of the European Union, it should be noted that the prices on the Site will be invoiced after VAT has been deducted. These prices must be declared DDU or "Delivery Duty Unpaid”, as the Supplier is unable to indicate the exact and definitive information on the amount of the total fees relating to customs duties and formalities and the applicable import duties in the country where the delivery is made, for which you will be directly responsible.
2.3 The contract shall be considered entered into at the moment that the Supplier receives the order form via the Site and, once it verifies the information relating to your order.
2.4 Before proceeding with the purchase of products by submitting the order form, please carefully read and accept these General Terms and Conditions of Sale. You may print a copy by using the "print" option on the Site and keep copy for your personal use.
If you do not agree with some of the terms set out in these General Terms and Conditions of Sale, we ask you not to submit your order form for products on the Site.
2.5 The order form will be archived on our servers for the time strictly necessary to handle and ship your orders, in compliance with the applicable legal time frames. You may access your order form in the "My Orders" section.
2.6 Before proceeding with submitting the order form to the Supplier, you are also asked to review and correct any potential inaccuracies in your personal data.
2.7 Orders submitted to the Supplier must be placed in French or in English.
2.8 After submitting the order form, the Supplier will handle your order. Any submission of an order form carries with it the obligation of the consumer to pay for the products.
2.9 In the event that, as a result of the Supplier's lack of awareness, products on the Site are no longer available or for sale at the time you last accessed the Site or submitted an order form, the Supplier will notify you of this as soon as possible and will take the necessary steps to reimburse the amount that you have already paid.
2.10 After submitting your order, the Supplier will email you a notice of receipt of your order, containing a summary of the information already listed on the order form (the General Terms and Conditions of Sale, information relating to the key characteristics of the product, pricing information, payment methods, the conditions for cancelling orders and the costs and time frame for delivery).
3. Guarantee and indication of product prices
3.1 On the Site, we offer products from the "Barbara Bui" brands and their offshoots.
3.2 The Supplier does not sell second-hand products, defective products or products of a quality below market standards.
3.3 The key characteristics of the products are presented on the Site, on each tab and page that shows the product.
While taking the greatest care and the most exacting measures regarding the online information, product descriptions and specifications available on the Site, as well as updating them regularly, the Supplier shall not be held responsible for minor inaccuracies that may result.
Likewise, while photographs and other reproductions of the products are faithfully represented on the Site – within the limits of technology and in accordance with the highest market standards – the images and colours of products for purchase on the Site may nevertheless be slightly inaccurate, which you should recognise and accept, specifically in terms of the actual colours, based upon the web browser and the screen used. In any case, in the event that the product delivered should not conform to its description, the Supplier undertakes to correct these inaccuracies, under the conditions laid out in Articles 6 and 7 below.
3.4 Product prices may be updated. Please verify the final sales price before submitting the order form; it should be noted that the product price in effect is the one shown on the Site at the time of the order, as shown in the order form and in the email confirmation.
3.5 Purchase orders from countries not included in the geographic areas indicated on the Site’s home page, as well as deliveries requested to these countries cannot be accepted by the Supplier.
3.6 All products come with an identification tag affixed with a single-use seal. We recommend that you do not remove the identification tag and the single-use seal from products purchased.
In the event you return the product, the Supplier has the right to not accept returned products whose tag has been removed, whose key or qualitative characteristics have been altered, or that have been damaged, as this would prevent the Supplier from reselling them.
4.1 To pay for the products, applicable taxes or duties and/or, in regard to the country of delivery, customs duties as well as any other potential costs and fees related to shipping and delivery, you should follow the procedures indicated on your order form.
It should be noted that for deliveries to countries outside the European Union, you are directly responsible for any possible customs duties, taxes and other official costs, as well as the fees for customs formalities for importing products into the country in question.
4.2 In the case of payment by credit/debit card, the financial information (e.g., the number on the credit/debit card and the date of expiration) will be encrypted and transferred to the Supplier’s partner bank, which will carry out remote electronic payment, and in all cases, no third party may have access to it. Furthermore, such information will never be used by the Supplier except to complete the order process for your purchase or to issue a refund in the event that products are returned in compliance with these General Terms and Conditions of Sale or in the event that it is necessary to inform the competent authorities of fraud carried out on the Site. The total price for the products, the applicable taxes and duties and/or, according to the country of delivery, customs duties, as well as other potential costs and shipping and delivery fees will, as indicated on the order form, be debited from your account when the products are ready to be shipped.
4.3 In the case of payment via PayPal, you shall comply with the terms and conditions established by PayPal.
5. Shipping and delivery of products
After payment of the order has been completed, the products will be delivered to the address indicated in your order. For this reason, please indicate a precise address for delivery to the Supplier.
The products ordered will be delivered via the shipping methods offered on the Site on the date or within the time frame indicated by the Supplier on the Site, such as it appears on your order form as well as the confirmation email.
6. Right of withdrawal
6.1 You have the right to terminate contract entered into with the Supplier, without penalty and without having to specify a reason, within fourteen (14) days from the date you receive the products purchased on the Site.
6.2 To withdraw your order, we ask that you fill out and send us the withdrawal form or any other written declaration expressly stating the withdrawal requested.
6.3 In this case, you must send the products back to the Supplier within a maximum of fourteen (14) days following the date you cancelled your order:
- via the shipping company designated by the Supplier using the return slips provided by the Supplier,
- or, via the shipping company of your choice at your expense. In this case it is recommended that you keep all proof of this return, which supposes that the products are returned via registered post, or by any other means that provides a certain date. In this event, the only cost you are responsible for is the direct cost for returning the products.
The products must be returned in their original packaging (or at least in packaging that ensures equivalent protection of the products during shipping), in perfect condition that will allow them to be resold by the Supplier, unused and including any accessories and documents supplied (notice, guarantee, certificate of authenticity, with the tag still attached to the product with the single-use seal, etc.) as well as the delivery slip included with the products delivered.
If the above conditions are respected, the Supplier will reimburse you for the cost of the products purchased as well as the shipping costs for the first shipment from the Supplier, at the latest fourteen (14) days following the receipt of the products. Any product lost or damaged during return shipping is your responsibility.
7. Conformity - Guarantee
It is recommended that you ensure that the products delivered to you correspond to your order. In the event that the products delivered do not conform to your order, you are requested:
- to inform the Supplier as soon as possible, either directly on the Site in the section "Return Request", or by e-mail addressed to firstname.lastname@example.org specifically indicating the non-conformity of the product with the one you ordered,
- and to return the products in question in their original packaging (or at least in packaging that ensures equivalent protection of the products during shipping), in perfect condition, unused and including any accessories and documents (notice, guarantee, certificate of authenticity, with the tag still attached to the product with the single-use seal, etc.) as well as the delivery slip included with the products delivered,
- by following the different steps of the procedure the Supplier describes on the Site, in order to facilitate handling by the Supplier.
If you arrange for the return of said products yourself, by the shipping method of your choice at your own expense, it is recommended that you keep all proof of the return shipment by registered post, or by another method including an indication of a certain date; the cost of return shipping will be at the cost of the Supplier if the non-conformity of the product in question is verified. These costs will be reimbursed via a credit to your bank account, after you send the proof of said costs.
The reimbursement of the invoiced price of the returned non-conforming products, via a credit to your bank account, will occur at the latest fourteen (14) days after the Supplier receives the returned products.
Notwithstanding the specific conditions for guarantees relating to the product, the Supplier's products are subject to the following legal guarantees of conformity relating to defects in products sold:
Article L. 217-4 of the Consumer Code states: "The seller shall supply a good that is conform with the sales contract and shall respond to defects in conformity when the product is delivered.
It shall also respond to defects in conformity resulting from packaging or assembly and installation instructions when these are its responsibility under the contract or have been undertaken under its responsibility. "
Article L. 217-5 of the Consumer Code states: "The good is deemed conform with the contract:
1° If it is fit for the use habitually expected from a similar good and, as the case may be:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or a model;
- if it presents the qualities that a buyer may legitimately expect in regard to public declarations made by the seller, by the producer or by its representative, specifically in its advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement of the parties or is fit for any special usage sought by the buyer, which has been brought to the sellers attention and which the seller has accepted. "
Article L. 217-12 of the Consumer Code states: "Actions that result from defects in conformity are limited to two years from the date the good is delivered."
Article L. 217-16 of the Consumer Code states: "When the buyer asks the seller for a restoration that is covered by the guarantee, during the term of the commercial guarantee granted upon the acquisition or repair of a tangible good, a period of non-use of at least seven days shall be added to the term of the guarantee that is still in place.
This period shall run from the time of the buyer's request for action or the time the good in question is made available for repair, if this availability follows the request for action. "
Article 1641 of the Civil Code states: "The seller is held to the guarantee in the event of hidden defects in the item sold that render its intended use impossible, or that diminish this use so much that the buyer would not have acquired it, or would have acquired it for a lesser price if he or she had known".
Subparagraph 1 of Article 1648 of the Civil Code states: "Any action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the time the defect is discovered.“
8. Personal data
The order of a product on the Site, the conclusion of a sale contract with the Supplier and the delivery of the product by the latter are conditioned to the communication of the personal data concerning you, listed in the order form.
In the absence of communication of the requested information, the Supplier will be unable to execute the sale contract.
9. Applicable Law - Disputes
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE SUBJECT TO FRENCH LAW, WITH THE EXCEPTION OF MANDATORY PROVISIONS TO THE CONTRARY, AS PER REGULATION NUMBER 593/2008 OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I).
IN THE CASE OF DIFFICULTY ARISING FROM THE ORDER OR DELIVERY OF THE SUPPLIER'S PRODUCTS, YOU HAVE THE POSSIBILITY, BEFORE ANY LEGAL ACTION IS TAKEN, TO SEEK AN AMICABLE SOLUTION WITH THE SUPPLIER AND HAVE RECOURSE TO A CONSUMER MEDIATOR: CENTRE DE MEDIATION DE CONCILIATEURS DE JUSTICE (CM2C) email@example.com
10. Modifications and Updates
The General Terms and Conditions of Sale are regularly updated by the Supplier, specifically, in consideration of potential regulatory changes.
The applicable General Terms and Conditions of Sale are those in force on the date of your order.
May, 25th 2018, Version #2