GENERAL CONDITIONS OF SALE - INTERNET
Published by BACHCA, a simplified joint-stock company with capital of 10,000 Euros, whose registered office is at 142 rue Rivoli, 75 001 Paris, registered with the Paris Trade and Companies Register under number 818 382 962, acting for its brand Bachca
Hereinafter "the Seller"
ARTICLE 1 – Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the www.bachca.com site, excluding products purchased in stores or on third-party sites. The Products offered for sale on the site are as follows:
beauty and wellness accessories and any other item marketed on www.bachca.com.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.bachca.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the www.bachca.com website and will prevail over any other document.
BACHCA reserves the right to modify these T&Cs at any time by publishing a new version on the website www.bachca.com
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 on the www.bachca.com site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
BACHCA - SAS with a capital of 10,000 Euros
Registered with RCS PARIS under number 818 382 962
66 rue Maréchal Joffre 44000 Nantes
The Products presented on the www.bachca.com website are offered for sale for the following territories:
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, 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. They will be charged to and are the sole responsibility of the Client.
ARTICLE 2 – Price
The Products are supplied at the prices in force appearing on the site www.bachca.com, when the order is recorded by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the www.bachca.com site.
These prices are firm and non-revisable during their period of validity but the Seller 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 established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the website www.bachca.com the Products he wishes to order, according to the following terms:
Orders are placed in € (Euros). Prior to the first Order, the Buyer is advised to create an account on the Site. This account will be accessible at any time by the Buyer using their identifiers (e-mail address and password).
When placing the Order, the Buyer agrees to provide the information requested of him (opening of his Customer account during the first Order and/or Order form for each Order) and agrees to the veracity of the latter.
Any Buyer validly registered on the Site will be bound by any Order, definitively validated, having required the entry of his e-mail address and his personal password, subject to the right of withdrawal defined herein.
In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer will be invited to resume his selection of Products from the start.
In application of the provisions of the new article 1127-1 of the Civil Code, the Buyer will have the possibility, before definitively validating his Order, to return to the previous pages and to correct and modify his Order and the information provided beforehand before confirming this one to express its acceptance.
Any order will only be validated after acceptance of payment. BACHCA reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
The Seller cannot be held responsible for errors of entry by the Buyer, nor for their possible consequences in terms of delay or error in delivery. In these hypotheses, the costs generated by a possible reshipment will be borne by the Buyer.
BACHCA can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation. If, despite BACHCA's vigilance, the products are unavailable, we will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, where applicable, for the sums already paid.
Definitive or temporary unavailability cannot under any circumstances engage BACHCA's liability, nor can it give rise to any right to compensation or damages in favor of the Customer.
Certain Products may be offered for pre-order on the Site before their official release date. The Customer may place a Pre-Order, it being specified that he acknowledges having read the indication of the release date announced at the time of the opening of the Pre-Order phase.
Being solely responsible for the marketing of our Products, the Seller reserves the right to modify this release date at any time. In the event that certain Products are pre-ordered on the Site, the Pre-Order will be paid for as a standard order, independently of the rest of the basket which may contain other items in a standard order. Only the delivery is deferred to the announced release date.
Delivery of the Product will be effective a few days after the official release date.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
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 site www.bachca.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller 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
- payment by Paypal
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 www.bachca.com site.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following area(s):
Deliveries are made within 3 to 21 days (depending on the country) to the address indicated by the Customer when ordering on the site.
As soon as the order leaves our warehouse, a shipping confirmation email is sent to the customer with a link allowing him to follow the progress of the delivery of his package online. The transfer of responsibility for the package takes place at the time of the actual delivery of the package (Signature of the recipient or declaration of delivery by La Poste or Chronopost).
Delivery is constituted by 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.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only.
If the Products ordered have not been delivered within 2 months after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer within 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.
The Customer is required to check the condition of the products delivered. He has a period of 14 days from delivery to formulate complaints by email, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant 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 whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
Any delay in delivery must be reported as soon as possible by the Buyer by e-mail to firstname.lastname@example.org, so that the Seller can have an investigation carried out with the Carrier. The Buyer is informed that the duration of carrying out a survey is random and can be relatively long, the Seller not controlling its realization.
If during this investigation, the order is found, it is immediately redirected to the place of delivery designated in the order.
If at the end of this investigation the loss of the order is confirmed, the Seller carries out, at its expense, a reshipment of the Product(s) to the Buyer or in the event of permanent unavailability, reimburses, on the account bank or on the Paypal account debited during the order, the Buyer of the sums collected.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Seller's Products will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone canvassing or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
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 Seller at the postal or email address indicated in ARTICLE 1 of the GCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be marketed again in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
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 1641 of the Civil Code.
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
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 Seller, in writing (email or post) to the contact details indicated in article 1 hereof, of the non-compliance of the Products or the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days following the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller 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 misuse, 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 photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 – Force majeure
The execution by the Seller of its obligations under the terms of these GCS will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within ten days from the date of occurrence of the event.
When the suspension of the performance of the Seller's obligations continues for a period of more than 30 days, the Customer has the option of terminating the current order and the Seller will then refund the order.
ARTICLE 10- Computing and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised according to the procedures described in the “legal notices” section of the www.bachca.com website.
ARTICLE 11 – Intellectual property
The content of the www.bachca.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.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller.
ARTICLE 12 – 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.
ARTICLE 13 – Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in article 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.