BESTINI

 

www.bestiniparis.com ("Site") belongs to SAS BAUMET, registered with the Paris Trade and Companies Register under number 82514218500016, whose intra-community VAT number is FR50825142185

 

I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale (the "GTCS") detailed below apply to all orders for products and services placed via the Site (the "Products") with SAS BAUMET, represented by BESTINI, by any person (the "Customer").

 

The Customer must read the GTCS before placing any order (the "Order"), the GTCS being available on the Sites.

 

BESTINI reserves the right to adapt or modify these GTCS at any time. The version of the GTCS applicable to any sale is that appearing online on the website www.bestiniparis.com at the time of the Order. Consequently, placing an Order requires the Customer's full and unreserved prior acceptance of the GTCS by clicking on the "I have read and accept the general terms and conditions of sale" button.

 

II. SITE INFORMATION AND SITE ACCESSIBILITY

www.bestiniparis.com e-commerce sites owned and managed by SAS BAUMET

 

The Site is accessible to all internet network users 24/7, in principle, except for interruptions, scheduled or not, by BESTINI or its service providers, for maintenance and/or security purposes or in cases of force majeure (as defined below). The company cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

 

BESTINI does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. It may, at its sole discretion, freely determine any period of unavailability of the Site or its content. The company cannot be held responsible for data transmission problems, connection problems or network unavailability.

 

BESTINI reserves the right to develop the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the modifications, but their acceptance is not required.

 

III. SITE REGISTRATION

To place an Order, the Customer must first register on the Site by creating an account gathering the Customer's information (the "Account").

 

The Customer's registration on the Site is validated by BESTINI after verification of the standard form filled in by the Customer. The Customer receives a confirmation email of registration.

 

When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update their personal information. In case of an error in the addressee's contact details, BESTINI cannot be held responsible for the impossibility of delivering the Products.

 

To allow easier and faster registration or connection to the Site, the Customer can automatically pre-fill the registration form using the "Facebook Connect" option.

 

To learn more about the protection of personal data during their collection, processing and use, as well as optional rights and settings to protect their privacy, the Customer can consult Facebook's privacy policies on www.facebook.com.

 

By registering on the Site, the Customer declares and guarantees to BESTINI that they are of legal age and have the legal capacity to enter into a contract.

 

BESTINI may delete the Customer's Account at any time, for any reason, at its sole discretion.

 

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day of the Customer's consultation of the Site, within the limits of available stock. These indications are automatically updated in real time. However, an error in updating, whatever its origin, does not engage the responsibility of BESTINI. As such, BESTINI cannot be held responsible for the cancellation of an Order for a Product due to stock depletion.

 

BESTINI takes the utmost care in the presentation and description of its Products to best inform the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

 

BESTINI does not guarantee the accuracy or security of information transmitted or obtained through the Site.

 

It is possible that the Customer may receive an item previously returned by another person after placing an Order. It is specified that BESTINI only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back in stock.

 

V. ORDERS

Placing an Order on the Site is subject to compliance with the procedure implemented by BESTINI on the Site, which includes successive steps leading to the validation of the Order.

 

The Customer can select as many Products as they wish, which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Customer, as well as the prices and associated costs. The Customer can freely modify the Cart before validating their Order. The validation of the Order constitutes confirmation of the Customer's acceptance of the GTCS, the Products purchased, their price, and associated costs. 

 

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by BESTINI. For this purpose, the Customer formally accepts the use of email for BESTINI's confirmation of the content of their Order. Invoices are available in the "my account" section of the Site.

 

VI. REFUSAL TO PROCESS AN ORDER

BESTINI reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing thereon. Despite BESTINI's best efforts to meet its customers' expectations, it may be necessary to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

 

BESTINI shall not be held liable to the Customer or a third party for any detrimental consequences resulting from the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.

 

BESTINI also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute regarding payment of a previous order or an objective suspicion of fraud.

 

VII. PRICES AND PAYMENT TERMS

The prices of the products are indicated on the Site in Euros for Europe, in British Pounds for Great Britain and in US Dollars for the United States, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier. 

 

All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.

 

BESTINI reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in force at the time of registration and payment of the Order, subject to availability.

 

Products are payable in cash at the time of actual Order.

 

Payment for purchases is made via our secure payment platform STRIPE.

 

Stripe is an American company of Irish origin. For more information, the customer is invited to visit the following webpage: www.stripe.com/

 

The Client expressly acknowledges that the communication of their credit card number to BESTINI constitutes authorization to debit their Account for the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment will be sent to the Client by BESTINI to the email address provided by the Client when registering on the Site.

 

The data recorded and stored by BESTINI constitutes proof of the Order and all past sales. STRIPE constitutes proof of any financial transaction between the Customer and BESTINI.

 

VIII. DELIVERY

Deliveries are handled by the services of Chronopost, DPD, Paack, B2C Europe, Fedex, UPS, DHL, GLS and others, from Monday to Friday, depending on the option chosen by the Customer when validating their Order.

 

Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").

 

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section.

 

When BESTINI is responsible for the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.

 

By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for transportation by the Customer and not by BESTINI.

 

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of the Customer's residence, a natural person of their choice, or a legal entity (delivery to their company). Delivery cannot be made to hotels or post office boxes.

 

In case of impossibility to deliver, due to an incorrect delivery address or the Customer's failure to collect their Order from the selected pick-up point or Chronopost, no re-shipment can be made and the Customer will be reimbursed within five (5) days from the receipt of the Order by BESTINI.

 

BESTINI delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for international Delivery, this period being calculated from the first working day after the validation of the Order (please note that BESTINI does not deliver Products to the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates). The day after a collection goes online and from November 23 to December 31, the Delivery period may be extended by ten (10) days, given the significant and exceptional volume of Orders.

 

In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, stair number, access codes, intercom names and/or numbers, etc.).

 

BESTINI cannot be held responsible for delivery delays that are not its fault or are justified by a case of force majeure (as defined below).

 

In the event of exceeding the Delivery time, the Customer may request the cancellation of the sale and obtain reimbursement of the sums paid at the time of the Order within a maximum of fourteen (14) days from their request. Notwithstanding the foregoing, BESTINI cannot be held responsible for any detrimental consequences resulting from a delivery delay; only reimbursement of the Product by BESTINI is possible, to the exclusion of any other form of compensation.

 

Deliveries can also be made to Relay Points by the Chrono Relais service provider, subject to the acceptance of the parcel by the selected Relay Point.

 

IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

9.1. Time limit and terms for exercising the right of withdrawal

 

In accordance with Article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal with BESTINI, without having to give reasons for their decision.

 

The right of withdrawal can be exercised either by logging into your customer account in the "order" section, or by using and sending the withdrawal form template included in the annex to the General Terms and Conditions of Sale, by email to contact@bestiniparis.com.

 

9.2. Return policy for the Order under the right of withdrawal

 

The exercise of the right of withdrawal is without penalty.

 

The Customer returns the Order with the prepaid return slip provided by BESTINI, without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.

 

Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with their Order. The return of Products is covered by BESTINI if the delivery location is in one of the following countries:

France, United Kingdom, Belgium, Germany and Spain.

 

The return of Products is at the Customer's expense and risk if the Delivery location is not in the aforementioned countries.

 

9.3. Refund of Products returned under the right of withdrawal

 

The refund of the Order by BESTINI will be made at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.

 

However, the refund will be made provided that BESTINI has been able to recover the Products that are the subject of the return and the refund request.

 

BESTINI makes the refund using the same payment method as that used for the payment of the Order, unless the Customer expressly agrees to use another. If this payment method has expired, the Customer must contact customer service to change the refund method, which will not incur any costs for the consumer. BESTINI cannot be held responsible for refunds to an expired payment method.

 

The refund of an order paid with an e-gift card, gift card or credit note will automatically be refunded as a credit note. 

 

If the Customer fails to comply with these GTCS, BESTINI will not be able to refund the Products concerned. In all cases, return shipping costs are borne by BESTINI if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

 

X. GUARANTEES - LIMITATION OF LIABILITY

10.1 Limitation of Liability

BESTINI's liability for any Product purchased on the Site is strictly limited to the purchase price of the latter. BESTINI shall in no event be liable for the following losses, regardless of their origin:

 

- loss of income or sales

- operating loss

- loss of profits or contracts

- loss of anticipated savings

- loss of data

- loss of working or management time

- damage to reputation

- loss of opportunity, and in particular to order a Product,

- moral damage.

 

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.

 

BESTINI provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or interfere with its proper operation, including any transmission resulting from a download of any content made by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer equipment and any other device to protect them against any bug, virus or other programming routine of this type that proves harmful.

 

The Customer acknowledges assuming all risks related to any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from the download of this content.

 

BESTINI is only obligated to deliver Products that conform to the contractual provisions. Products are considered to conform to the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be fit for the purposes for which products of this kind are generally intended; (iii) they must meet the quality and durability criteria generally accepted for products of the same kind and which can reasonably be expected.

 

In addition, BESTINI guarantees consumers against defects in conformity and hidden defects for Products sold on the Site under the following conditions:

 

10. 2 Legal guarantees

 

All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return defective or non-conforming delivered Products free of charge.

 

Legal guarantee of conformity

 

Article L217-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any non-conformity existing at the time of delivery. They are also liable for non-conformities resulting from the packaging, assembly instructions or installation when the latter was carried out by them under the contract or under their responsibility."

 

Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:

1) Be fit for the purpose usually expected of similar goods and, where applicable:

correspond to the description given by the seller and possess the qualities that the seller 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, by the producer or by their representative, particularly in advertising or labeling;

2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

 

Article L211-12 of the Consumer Code: "The action resulting from non-conformity lapses two years after delivery of the goods."

 

Guarantee against hidden defects

 

Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them."

 

Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be released from apparent defects or non-conformities."

 

Under the legal guarantee against hidden defects, BESTINI, at the Customer's choice, undertakes, after evaluation of the defect:

- Either to refund the full price of the returned Product,

- Or to refund a part of the product price if the Customer decides to keep the Product.

 

Exclusion of guarantees

 

Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty will not apply to apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.

For any request concerning legal guarantees, the Client must contact Customer Service at contact@bestiniparis.com

10.3 Force Majeure
In the event of a force majeure event preventing the performance of these GTCS, BESTINI will inform the Customer within fifteen (15) days of the occurrence of this event, by email. Expressly considered as cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the jurisprudence of French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event extends for more than three (3) months, the transaction concerned may be automatically terminated by either party without compensation. Non-payment by the Customer cannot be justified by a case of force majeure.

XI. RETENTION OF TITLE

BESTINI retains full ownership of the Products sold until full payment of the entire price, including principal, costs, taxes and mandatory contributions.

XII. PARTIAL INVALIDITY   

If one or more stipulations of these GTCS are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

XIII. NON-WAIVER

No tolerance, inaction or inertia on the part of BESTINI shall be interpreted as a waiver of its rights under the GTCS.

XIV. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION

The sale of Products is subject to French law.
In the event of a complaint not amicably resolved by Customer Service, and in accordance with article L612-1 of the Consumer Code, the Customer may use a mediation service free of charge. The mediator's service can be seized for any consumer dispute whose resolution has not been successful.
Failing an amicable resolution, any dispute relating to the interpretation of the GTCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is submitted, failing an amicable agreement, to the legally competent courts.

APPENDIX 1: WITHDRAWAL FORM TEMPLATE

(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To BESTINI Email: contac@bestiniparis.com

I hereby notify you of my withdrawal from the contract for the sale of the following good(s): Ordered on ……………..(date of order) and/or received on ……………..(date of delivery)
Name of consumer customer:
Address of consumer customer:
Signature of consumer customer (only in case of notification of this form on paper)
Date:

 

LEGAL INFORMATION

It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
PERSONAL DATA AND COOKIESIn accordance with the provisions of law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (National Commission for Data Protection and Liberties) under number 2039445.All information in your Account is only used within the framework of your commercial relationship with bestiniparis.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by PayPal or by the secure payment module of our partner STRIPE. The Site uses cookies, of which the user is informed upon arrival on the website, which allow information relating to the computer's navigation on the website to be recorded. These cookies are only installed after acceptance by the user, continued navigation on the website implying acceptance. The user can object to the use of these cookies by configuring their browser, knowing that access to certain services may require prior acceptance of cookies by the user.