GENERAL CONDITIONS OF SALE – INTERNET
Effective as of 04/11/2022
ARTICLE 1 - Scope
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to any purchase of the following services:
Sale of ecological and sustainable clothing for the environment.
as offered by the Service Provider to non-professional customers (“The Customers or the Customer”) on the site #363 Address of the site....
The main features of the Services are presented on the barondclothing.com website.
The Customer is required to read it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GCS are accessible at any time on the site #363 Address of the site... and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site # 363 Address of the site....
Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.
The contact details of the Service Provider are as follows:
Barond Clothing, EI
Registered with the RCS of Tours, under number 901 969 923
254 Avenue de Grammont
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.
ARTICLE 2 - Price
The Services are provided at the current prices listed on the site #363 Site Address..., when the order is registered by the Service Provider.
Prices are expressed in Euros, excluding and including tax.
The rates take into account any reductions that may be granted by the Service Provider on the site #363 Address of the site....
These prices are firm and non-revisable during their period of validity but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.
ARTICLE 3 – Orders
It is up to the Customer to select on the site #363 Address of the site... the Services that he wishes to order, according to the following methods:
The customer chooses an article that he puts in his basket, an article that he can modify or delete before validating his order and accepting the general conditions of sale. He will then enter his contact details or connect to his customer area. After validation of the information, the order will be considered final and will require payment from the customer according to the terms provided.
The sale will only be considered valid after full payment of the 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 barondclothing.com site constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following terms:
payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the barondclothing.com site.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Service Provider.
The Service Provider will not be required to provide the Services ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided according to the following terms:
Barond Clothing provides clothing services.
Said Services will be provided within a maximum period of Several days depending on the country. from the final validation of the Customer's order, under the conditions provided for in these GCS at the address indicated by the Customer when ordering on the barondclothing.com site.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the Services ordered have not been provided within 30 days after the indicative date of supply, for any reason other than force majeure or the Customer's fault, the sale of the Services may be canceled at the Customer's written request. under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the costs relating thereto will be the subject of specific additional invoicing at a later date.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of 14 days from the provision of the Services to make complaints by email: firstname.lastname@example.org, with all the supporting documents relating thereto, to the Service Provider.
No claim can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Service Provider at the postal or email address indicated in ARTICLE 1 of these GCS.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be refunded.
Reimbursement of the sums actually paid by the Customer will be made within 14 days of receipt, by the Service Provider, of the notification of the Customer's withdrawal.
ARTICLE 7 - Liability of the Service Provider - Warranties
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a defect in the design or realization of the Services ordered under the conditions and according to the following methods:
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver 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 L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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;
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 L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L217-16 of the Consumer Code.
"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 remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Service Provider, in writing (email or post), of the existence of defects or lack of conformity.
The Service Provider shall reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within 30 days following the finding by the Service Provider of the defect or defect. This refund can be made by bank transfer or check.
The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by the Customer.
The Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the Service Provider's website comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their performance and delivery, as well as their transmission to third parties involved in the performance of the Services. These personal data are collected solely for the execution of the service contract.
8.1 Collection of personal data
The personal data collected on the barondclothing.com site are as follows:
When creating the Client / user account:
Surnames, first names, postal address, telephone number and e-mail address.
As part of the payment of the Services offered on the barondclothing.com site, the latter records financial data relating to the bank account or the credit card of the Customer / user.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the performance of the contract and to ensure the efficiency of the provision of services, its performance and its delivery.
The category or categories of co-contractor(s) is (are):
Payment institution providers
The data controller is the Service Provider, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
8.5 Duration of data retention
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
8.6 Security and Privacy
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the barondclothing.com site have the following rights:
They can update or delete the data concerning them as follows:
They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller".
They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
They can also request the portability of the data held by the Service Provider to another service provider.
Finally, they can object to the processing of their data by the Service Provider.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always be able to withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - Intellectual property
The content of the barondclothing.com site 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.
ARTICLE 10 - Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs 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.