The present general terms and conditions of sale are made between:
MAISON BALZAC SAS Joint stock company with a capital of 27.000 € The head office is 40 rue du Faubourg Montmartre in Paris (75009). Tel: +33-9-54-93-12-23 E-mail : [email protected], Intra community VAT : FR 79 801504879 RCS : 801 504 879 00017 Called “The seller” ON ONE SIDE And: Any individual wishing to make a purchase on the Seller web site, at the journal.balzac-paris.fr address, Called “The client” ON THE OTHER SIDE.
CLAUSE 1. OBJECT
The terms and conditions of sale define the contractual relation between the Seller and the Client, and the conditions that apply to all purchases made on the Seller retail website journal.balzac-paris.fr, called “the Site.” With the present terms and conditions of sale, the Client is forbidden to purchase for resale, according to clause L 110-101 of the Commercial Code The Client must be at least 18 years old and have judicial capacity or have a parental authorization to order on the Site. The acquirement of a product on the Site implies the Client’s complete acceptation of the General Terms and Conditions of Sale. These override any of the Client’s general or particular conditions. The Seller has the possibility to change the General Terms and Conditions of Sale. However the Conditions applied to the Client are those in effect at the date of his order on the Site. The present General Terms and Conditions of Sale are the exclusive propriety of the Seller. All reproductions, even partial, are strictly forbidden.
CLAUSE 2. PRODUCT DESCRIPTION
The available products are presented on the Seller Website. The photographies occasionally accompanying the products are as loyal as possible but cannot ensure a perfect similarity with the available product. They show presentation suggestions in which the entirety of the elements in the photographies are not necessarily available for sale. The suggested products respect the regulations for the product contents, and comply with the health and safety of the consumers.
CLAUSE 3. PRICE
The price indicated by the Seller at the order time are in ATI Euros, depending on the VAT rate on the day of the order. All rate change will directly affect the prices of the available products. The Seller has the possibility to change his prices at any moment, however the prices on the Seller website on the day of the order are the only ones applied to the Client. The indicated prices include the order processing costs. The applied shipping prices are those shown on the Website at the order time. The selling price is requested upon order. The order can be payed for in the following manner: exclusively by credit card (Carte Bleue, Visa, Eurocard, Mastercard are accepted in France). With the secured CIC bank server and with the SSL protocol, the Seller has an entirely secured online payment. The Client’s credit card number is solely directed to the bank’s servers, in a secure environment. A receipt with the VAT will be given by the Seller to the Client upon request to the Seller.
CLAUSE 4. ORDER PROCESS
The client wishing to order on the Seller Website must: -create an account by providing the requested information (last name, first name, mailing address, email address, telephone number). -visit the product descriptions and add the desired products to his or her cart -validate the cart -correct any input errors -validate the order -choose and validate the payment method It is the client’s sole responsibility to ensure the accuracy of the provided information. The Seller will directly communicate an order confirmation to the Client by email. The provided information and the registered confirmation are proof of transaction. The Seller will archive the orders and order confirmations on a reliable and durable base constituting a loyal copy, according to clause 1348 of the Civil Code. The seller’s online registers are considered proof of communication, order, payment, and transaction by the Parties. The Seller has underwritten a sale contract with his banking organization. The banking transaction is secure and the Seller does not withhold, for any reason, banking information about the Client. The Seller has the right to deny an abnormal order in reason of the quantities for example.
CLAUSE 5. SHIPPING
The products presented on the Seller website can be delivered world-wide. The shipments are made at the address provided by the Client. The maximum shipping time starting at the order is indicated in the product description, prior to the order. In the case of a grouped purchase, the shipping time for the entire order is the longest time indicated for one of the products. The maximum shipping time will be indicated in the order confirmation email. The shipping time can not exceed 30 days. In the case of a delivery exceeding seven days from the maximum shipping date, that is not due to a severe force, the Client can cancel his order by registered letter, in a delay of sixty working days starting at the shipping date. The order will be canceled as soon as the Seller receives the letter from the Client, if the order has not been shipped between the time at which the letter was sent and received. The refund will be made by the Seller with the payment method of his choice, in a maximum period of thirty days starting at the date at which the Client informed the Seller of the order cancelation. The Client can choose another reimbursement arrangement.
CLAUSE 6. UNAVAILABLE PRODUCTS
In the case of unavailable products ordered, the Seller will inform the Client by email, as fast as possible, and the price will be refunded to the client, in the next thirty days. The Client will have the possibility to obtain the refund (in the next thirty days) or an exchange of an unavailable product for an equivalent product. In this case, the return costs will be at the expense of the Seller.
CLAUSE 7. RESPONSIBILITY
The Seller can be exempted of all or part of his responsibility with proof that the non-completion or the inadequate completion is attributed either to the Client, the unpredictable or insurmountable act of a third party, or to a major force. The Seller is not responsible for computer bugs occurring during the order due to the Client’s internet connection.
CLAUSE 8. GUARANTEE
All the products sold by the Seller have the legal guarantee ensured by the articles 1641 and those following of the Civil Code. Additionally, the Client benefits from the guarantee of product conformity ensured by the articles L. 211-4 and the following of the Consumerism code. In the case of non-conformity of the product sold, the Client will have the choice between compensation or the replacement of the product. However, if the Client’s choice creates a disproportionate cost for the Seller, he can proceed to the method of his choice. If the compensation and the replacement of the product are impossible, the Client will be able to return the product and be reimbursed. The reimbursement of the price is also possible if the Client’s solution cannot be undertaken in the thirty days following the buyers request. In all cases, the product non-conformity guarantee will be applied without costs for the Client. All requests related to this clause must be made by mail at the following address: 40, rue du Faubourg Montmartre 75009 Paris or by email at the following address: [email protected]
CLAUSE 9. INTELECTUAL PROPRIETY
All the website elements such as the graphic, sound, textual elements including the underlying technology and product presentation are the exclusive propriety of BALZAC PARIS. The web user is forbidden to reproduce, represent or diffuse, even partially, any element part of the website. All reproductions or representations of the journal.balzac-paris.fr website are submitted to the specific and prior agreement of BALZAC PARIS. The non compliance of this obligation is an infraction that engages the criminal justice responsibility of the author. All techniques such as framing or deep-linking are strictly forbidden unless special written authorization is delivered by BALZAC PARIS. The “BALZAC PARIS” name was subject to a trademark registration at the INPI (brand n°3815099). In consequence, all reproductions of this brand, non authorized by BALZAC PARIS constitute a counterfeit act that can be the object of penal or criminal prosecutions. The web user is thus forbidden to harm the “BALZAC PARIS” brand. It is strictly forbidden to use or reproduce the BALZAC PARIS name for any reason, on any medium without the prior and written authorization of Balzac Paris.
CLAUSE 10. PERSONAL INFORMATION
The Seller informs the Client that his personal information is saved and that the Seller has made the necessary procedure with the CNIL about the treatment of this data, in accordance with the Informatics and Liberty law n° 78-17 from January 6th 1978. The Client is informed that his data is treated to allow the Seller to provide the different services offered on the website. In this way, the treatment of the Client’s personal data was declared to the CNIL under the number: [waiting attribution] In accordance to clause 27 of the Informatics and Liberty law from January 6th 1978, the Client has the right to access, to modify, to rectify, or to delete his or her collected data simply by contacting the Seller at the following address: 40, rue du faubourg Montmartre 75009 Paris. The Seller certifies that the collected data is stocked on European Union territory, and more precisely in France. The data given by the Client is not communicated to third parties by the Seller and is not used for commercial prospection. The Client is informed that his connexion information, such as the consulted pages and the IP addresses are preserved for the legal time: one year.
CLAUSE 11. WITHDRAWAL RIGHT
Any client, considered a consumer in the Consumerism code, ordering on the Seller website for non-professional needs, benefits from a withdrawal time of fourteen days starting at the order delivery date to return the product to the Seller for an exchange or refund. The return must be made by mail, in “tracked colissimo”, after having contacted the Seller at the address: 40 rue du faubourg Montmartre 75009 Paris in order to obtain a return number. The product must be returned in its original packaging, new, unworn and unwashed. Under the condition that the returned product is in perfect condition, the Seller will refund the Client with the payment method of his choice under a thirty day time period starting from the date the Client exerted his or her withdrawal right. The Client has the right to opt for a different refund method. However, the Client is informed that the withdrawal right does not apply to products made according to the Client’s specifications such as custom made items.
CLAUSE 12. RENUNCIATION AND TOLERANCE
It is understood that any tolerance or renunciation of one of the Parties in the application of all or part of the planned commitments, regardless of the frequency and length, will not modify them or create a new right. More precisely, no tardiness, inaction, abstinence or omission from the Seller in using one of his rights will harm one of the rights, nor will be considered a renunciation of using his rights.
CLAUSE 13. ENTIRETY
The conditions express the entirety of the parties’ obligations. No obligation, no document, can create obligations if they are not an endorsement signed by both parties. No communication prior to the signature of the endorsement can create obligations in the name of the contract.
CLAUSE 14. PARTIAL INVALIDITY
If a particular aspect is considered invalid, or declared invalid by a decision with authority, judged by a competent jurisdiction, all the other stipulations will preserve their strength, except for articles 3, 7, and 8, considered by the parties as essential.
CLAUSE 15. APPLICABLE LAW AND COMPETENCE
The present General Terms and Conditions of Sale are under French law. In the case of a dispute in the execution or interpretation of these, the parties agree that any action in Justice, any reclamation will be the object of formal notice sent by registered mail with an acknowledgment of receipt.
AFTER A TEN DAY PERIOD FOLLOWING THE MAIL DISPATCH MENTIONED IN THE ABOVE PARAGRAPH, ALL PARTIES CAN THEN ENGAGE IN THE USEFUL PROCEDURE.
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40, rue du faubourg Montmartre –