GENERAL CONDITIONS OF SALE - INTERNET
Published by the company BACHCA, a simplified joint stock company with capital of 10,000 Euros, whose head office is at 28 rue Jean Jaurès, 44000 Nantes, acting for its Bachca brand
Hereinafter “the Seller”
ARTICLE 1 – Scope of application
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.bachca.com, excluding products purchased in stores or on third-party sites. The Products offered for sale on the site are as follows:
beauty and well-being accessories and any other item sold 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 within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the website www.bachca.com and will take precedence over any other document.
BACHCA reserves the right to modify these General Terms and Conditions at any time by publishing a new version on the website www.bachca.com
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.bachca.com.
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 capital of 10,000 Euros
Registered with the RCS PARIS under number 818 382 962
66 rue Maréchal Joffre 44000 Nantes
The Products presented on the site www.bachca.com are offered for sale for the following territories:
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and Overseas Territories, 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 the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Products are supplied at the current prices appearing on the site www.bachca.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any reductions that may be granted by the Seller on the site www.bachca.com.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before 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 the Products he wishes to order on the website www.bachca.com, 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 (email 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 commits 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 their e-mail address and personal password, subject to the right of withdrawal defined herein.
In the event of prolonged inactivity during connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer will be invited to repeat their selection of Products from the start.
In application of the provisions of article 1127-1 new 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 previously provided before confirming this to express its acceptance.
Any order will only be validated after payment has been accepted. BACHCA reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.
The Seller cannot be held responsible for input errors by the Buyer, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible reshipment will be the responsibility of the Buyer.
BACHCA can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order. 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, if applicable, the amounts already paid.
Permanent or temporary unavailability cannot in any way engage the liability of BACHCA, nor can it give rise to any right to compensation or damages in favor of the Client.
Certain Products may be offered for pre-order on the Site before their official release date. The Customer can place a Pre-Order, it being specified that he acknowledges having read the indication of the release date announced at the time of opening 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 as a classic order, independently of the rest of the basket which may contain other items in a classic order. Only 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, while stocks last.
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 remotely 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 – Payment conditions
The price is paid by secure payment method, 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 site www.bachca.com.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following areas:
Deliveries take place within 3 to 21 days (depending on 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 them to follow the progress of the delivery of their package online. The transfer of responsibility for the package takes place at the time of actual delivery of the package (Signature of the recipient or declaration of delivery by La Poste or Chronopost).
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.
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 communicated for informational purposes 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 Customer's actions, the sale may be canceled at the Customer's written request 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 at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied 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 et seq. Consumer Code and those provided for in these General Terms and Conditions.
Any delay in delivery must be reported as quickly as possible by the Buyer by email to the address contact[at]bachca.com, 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 uncertain and can be relatively long, the Seller not having control over its carrying out.
If during this investigation, the order is found, it is immediately redirected to the delivery location designated in the order.
If at the end of this investigation the loss of the order is confirmed, the Seller will, at its own expense, reship the Product(s) to the Buyer or, in the event of definitive unavailability, reimburse, 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 be carried out after full payment of the price by the latter, regardless of the delivery date of 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 remotely, following canvassing by telephone or outside establishment, without having to justify its decision or to bear 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 service provision contracts and those mentioned in article L. 221-4;
2° 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 for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller using the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
Return costs remaining 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 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged or damaged Products or those 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 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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is 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
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about 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 requests from the seller, during the course of the commercial guarantee which was 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 making available for repair of the goods in question, if this making available 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-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
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 discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.
The Seller cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer 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 liability of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 – Force majeure
The performance by the Seller of its obligations under these General Terms and Conditions 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 execution of the Seller's obligations continues for a period greater than 30 days, the Customer has the possibility of terminating the current order and the Seller will then reimburse the order.
ARTICLE 10- Computing and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.
The Customer has, in accordance with 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 terms described in the “legal notices” section of the site www.bachca.com.
ARTICLE 11 – Intellectual property
The content of the site www.bachca.com 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 may constitute an offense of counterfeiting.
The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.
ARTICLE 12 – Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 13 – Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in article 1 of these General Terms and Conditions.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions 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. common.