Terms and Conditions
1. SCOPE OF APPLICATION
1.1. These terms and conditions (hereinafter “Terms”), as well as the “Personal Data” and “Legal Notices” sections, are applicable to the commercial website http://shop-bodycross.com (hereinafter “Online store”), offering for sale BODYCROSS brand products (hereinafter the “Products”). All orders made in the Online Store imply full and complete acceptance of these Terms by the purchasing customer (hereinafter the “Customer”). These Terms can be saved and/or printed out and are accessible from all pages of the Online Store. The Terms are subject to change at any moment; the applicable Terms are those that the Customer accepts when placing his order, and are accessible from the order confirmation e-mail.
1.2. The website http://shop-bodycross.com (hereinafter the “Website”), presenting the Online Store, is published by the BODYCROSS company, a simplified joint stock company with a single partner (SASU) with share capital of 20,000.00 Euros, whose headquarters are situated at 24 rue Mondétour 75001 Paris (hereinafter the “Company”). It is registered with the Paris Chamber of Commerce (RCS) under number 822 722 096 and intra-community VAT number FR 39 822 722 096. The name of the director of the publication is Mr J. NACMIAS, in his capacity as Chairman of the Company. The Website host is the SHOPIFY company.
1.3. The Online Store allows the Company to offer Products to non-professional Customers in their quality as consumers, having full legal capacity. Sales are made as retail for strictly personal use.
2. DESCRIPTION OF PRODUCTS
The Products offered for sale in the Online Store are described and presented with the highest possible accuracy (specifications, illustrations, dimensions, composition, etc.) The Customer is invited to refer to the product description, available by clicking on the “Description” tab for each Product, in order to inform himself of the properties and particularities of the product, especially regarding the characteristics sought, the choice to purchase being his sole responsibility.
3. ORDER
3.1. The Customer is invited to select the Products chosen and to put them in the shopping cart by clicking the “Add to cart” button. The Customer may remove any Products from the shopping cart at any moment on the view cart page, by clicking on the “
” (cart) icon, available on all pages of the Online Store on the top right of the screen. Once on the “Cart” page, the Customer can consult his order summary. At this stage, the Customer can modify the contents of his cart by clicking “modify”.
To place an order, the Customer is then invited to estimate the delivery fee by entering the delivery country, department or State (where applicable) and post code. Once this information has been entered, the Customer can select a delivery service among those proposed. Once this choice has been made, the Customer must update the order total by clicking on “Update total”. He can also enter a discount code if he has one. Once the total has been updated, the Customer is invited to click on the “Continue to payment” button.
At this stage, the Customer is prompted to choose between 3 options:
- Order without creating an account (“pay as a guest”);
- Enter his e-mail address and password to order using his customer account (“Already registered?”);
- Order by creating a customer account ("Register").
The Company cannot be held responsible for the inaccuracy of information provided by the Customer. The customer account provides access to a personal space allowing order tracking and access to invoices.
To finalise his order, the Customer must:
- as necessary, confirm or indicate billing and shipping information;
- read these Terms and explicitly accept them by ticking the “I have read and accepted the Terms and Conditions” box, before proceeding to payment of the order;
- choose his payment method: 3D Secure bank card or Paypal, and check his order before clicking “Continue”;
- Click on the “Proceed to payment” button, which gives access to secure payment of his order.
Once payment has been confirmed, the Customer will receive, as quickly as possible and at the latest before delivery, e-mail confirmation of his order. The Customer formally accepts the use of e-mail for confirmation by the Company of the contents of his order.
3.2. The Products are offered within the limit of stocks available. Information about the availability of Products is provided at the moment the order is placed, on the Product page. If, despite the vigilance of the Company, the Products ordered are no longer available, the Company will inform the Customer by any means (telephone call or e-mail), as quickly as possible. The Customer may then request the cancellation of his order or an exchange. No debit corresponding to the unavailable Product(s) will be made to the Customer’s bank account in the event of unavailability of one or more Products.
4. PRICE
4.1. The prices applied are those figuring on the Online Store at the moment of ordering.
4.2. The customer is informed that prices are susceptible to change. Therefore, if the Customer creates a customer account, the prices displayed in the “My account/My orders” section on the order summary page correspond to the prices payed by the Customer at the time of these previous orders. The Customer is therefore invited to pay attention to the current price at the moment of ordering, which is brought to his attention when the Product is placed in the shopping cart.
4.3. The prices are displayed in Euros (€) (or in Dollars ($)), and include order processing costs and are inclusive of any taxes, including VAT and the fees and taxes in force at the time of ordering. Any change in the rate of these taxes will be passed on to the price of the Products. The prices do not include delivery costs. Delivery costs will be indicated to the Customer on the validation of the shopping cart page, before validation and payment of the order.
4.4. For orders outside metropolitan France, the Customer is considered as an importer of the Products. Consequently, customs duties, local taxes, import duties or state taxes may be due by him. These fees will be paid by the Customer and he is fully responsible in terms of declarations and payments to the authorities and competent organizations in the relevant country.
5. PAYMENT
5.1. The price is due and collected in full during validation of the order. Payment is made by bank card (debit card, Visa or Mastercard) or by Paypal. The amount of the price is debited upon validation of the order (once bank details have been entered).
5.2. A secure payment system has been put in place for all orders placed in the Online Store. Payments are carried out on an external 3D Secure platform through a payment provider - STRIPE/PAYPAL - in compliance with PCI DSS security standards.
5.3. Discount codes are only valid for the specific duration and under the specific validity conditions stated. They cannot be converted into an amount refundable or payable to the Customer. Except where expressly stated on the discount codes, they are not cumulative and only one can be used when placing an order.
5.4. The Customer may download his invoice from his personal space under the “My orders” heading.
5.5. Where payment of the price is incomplete or non-existent, for a reason attributable to the Customer, the order will be automatically cancelled and any costs arising from it will be the Customer’s responsibility, without prejudice to any possible compensation.
6. DELIVERY AND RECEIPT OF THE PRODUCTS
6.1. Expected delivery times and delivery costs will be indicated to the Customer on the shopping cart validation page, as well as on the order summary page, before validation and payment of the order.
6.2. On delivery of the order, the Customer must check the conformity and the status of his order and, if necessary, issue any useful reservations concerning apparent defects (missing products, damaged packaging, etc.) The Customer is invited to contact the Online Store’s Customer Service within fourteen (14) working days of receipt of the products. Unless legitimate reason is provided, any claim received after this period will be considered inadmissible.
6.3. The Customer benefits from a right of withdrawal, allowing him to return the Products to the Company, without giving a reason, under the conditions set out in article 7 below. For any reason for returning the products than the right of withdrawal (non-conform or damaged product, error in the contents of the order, etc.), the Customer is asked to contact the Online Store Customer Services who will provide him with the information necessary to satisfy his request, as far as possible, and, if necessary, arrange a new delivery.
7. RIGHT OF WITHDRAWAL
7.1. The Customer may, without giving a reason, retract his order within a period of fourteen (14) calendar days, starting from the receipt of the Product(s) ordered, attested by the date figuring on the carrier’s receipt signed by the Customer. To exercise his right of withdrawal, the Customer returns the Product(s) directly, accompanied by the duly completed and signed return/retraction form. This form is provided in the package with the Products, as well as being available in the Online Store, and if the Customer has created a customer account, in the “My account/My orders” tab, by clicking “Return” in the order details.
7.2. To return one or more Products, the Customer must return within fourteen (14) calendar days, starting from the receipt of the ordered Products, the Product(s) to the Company at the following address: BODYCROSS chez LOGISTIC26 - 16-18 RUE EIFFEL - 77220 GRETZ-ARMAINVILLIERS - France, accompanied by the duly completed and signed return form in the package or, if the Customer has created a customer account, in the Online Store in the “My account/My orders” tab, by clicking on “Return” in the order details. Each Product must be returned new with its original packaging, in perfect resale condition (not damaged, used, soiled or washed by the Customer). The Company reserves the right to refuse to refund or exchange the Product if it is damaged, degraded, used, washed or not returned in its original packaging. The Company will make no refund if the Product(s) returned by the Customer do not correspond to the Product(s) ordered or if they come from a different origin than the Online Store. The cost of returning the Product(s) is the Customer’s responsibility as is the cost of shipping the returned Product(s).
7.3. The Company will refund any returned Products, as well as the delivery fees paid by the Customer, using the same method of payment as that used by the Customer for the initial transaction, except with the express agreement of the Customer to use another means of payment and as long as this refund does not involve any cost to the Customer. In the event of a partial return of Products, the delivery fees will not be refunded by the Company, as the Customer will have benefited from the delivery service for the retained Products. The refund will be made within a maximum of fourteen (14) days following the date on which the Company is informed that the Customer wishes to retract.
8. RESPONSIBILITY
8.1. The Company cannot be held responsible for the non-execution of one of its obligations if the improper execution of a contract results from a case of force majeure, by virtue of the Customer or by the unpredictable and insurmountable action of a third party.
8.2. The Products and their characteristics are described and represented, as far as possible, on the Website. However, it is possible that slight differences of typography, size, colour or proportion between the reproduction of the Products on the Website and the delivered Products may occur. The liability of the Company can not be engaged in such circumstances.
9. LEGAL GUARANTEES
9.1. The Company is held by the legal guarantee of conformity and by that relating to the defects of the object sold (*). The Customer is invited to check the conformity of the Products received in the execution of his order and, in case of defects, to contact the Online Store Customer Service who will offer support and inform him of the modalities of return, replacement or reimbursement. The Company will replace or repair the returned Product after receipt and review of the Product in question.
9.2 The Customer (i) benefits from a period of two years, starting from delivery of the goods, to act, (ii) where repair is possible, may choose between the repair or replacement of the goods, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code and (iii) is dispensed from reporting proof of the existence of lack of conformity of the goods during the six months following the delivery of the goods (this period being extended to twenty-four months starting from 18 March 2016, except for second-hand goods).
9.3 The Customer may decide to implement the warranty against hidden defects in the object sold in the sense of article 1641 of the French Civil Code and, in these circumstances, he may choose between the cancellation of the sale or a reduction in price in accordance with article 1644 of the Civil Code.
10. QUESTIONS AND COMPLAINTS
For information on the status of an order or for any claims (degradation, theft or non-conformity of the Products ordered), the Online Store Customer Service is available to Customers by telephone on +33 1 70 61 48 03(price of a local call from a landline) - this service is available from Monday to Friday from 10:00 to 18:00 (closed on Saturdays, Sundays and bank holidays) - or by e-mail at the following address: contact@shop-bodycross.com or by post at the following address: BODYCROSS , 24 rue Mondétour, 75001 Paris.
11. PERSONAL DATA
In accordance with Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, the Customer has a right of access to his personal data. In this respect, the Company invites the Customer to consult the “Personal Data” section.
12. INTELLECTUAL PROPERTY
12.1 The Website is an intellectual property work protected by intellectual property laws. The Website as a whole, as well as the products that are sold on it, and each of the elements of which it is composed (such as films, photographs, logos, trademarks, designs, texts, hierarchies, software, animations, illustrations or diagrams) are the exclusive property of the Company, which is alone authorized to use the intellectual property rights associated with them.
12.2 The use of all or part of the Website, notably by downloading, reproduction, transmission, representation or broadcasting, for purposes other than personal and private use, with or without a commercial aim, is strictly prohibited. The violation of these provisions subjects the Customer to legal sanctions.
12.3 When the Customer uses a “Share” feature [Facebook, Twitter, Pinterest, etc.] proposed on the Website in order to share information about a “BODYCROSS” product, the Customer recognizes and accepts that the contents made available for sharing are for purely personal use, excluding any commercial use on websites or pages and/or any digital medium for commercial purposes.
12.4 The creation of hypertext links to the Website can only be carried out with written prior authorization by the Company and this authorization may be revoked at any moment. All websites with a hypertext link to the Website are not under the control of the Company and it therefore declines all responsibility (including editorial responsibility) concerning the access and contents of these sites.
12.5 The Company is free to modify the contents of the Website at any moment, without prior notice.
13. APPLICABLE LAW / DISPUTES
These Terms are subject to French law.
In the event of a dispute relating to the Online Store, an amicable solution will be sought. Failing this, the French courts will be territorially competent to hear any dispute.
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(*) Article L211-4 of the French Consumer Code: “The seller is obliged to deliver goods conform to the contract and to respond to existing lack of conformity during delivery. He will also respond to lack of conformity resulting from packaging or assembly or installation instructions when these have been made his responsibility by the contract or have been performed under its responsibility.”
Article L211-5 of the French Consumer Code: “To be conform with the contract, the goods must: 1º Be suitable for the use ordinarily expected of similar goods and, if relevant: correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model; have the qualities that a purchaser might legitimately expect, in view of the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling; 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, brought to the attention of the seller and which the latter agreed to”.
Article L211-9 of the French Consumer Code: “In the event of lack of conformity, the buyer will choose between repair or replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice involves a cost that is clearly disproportionate in respect of the alternative choice, taking into account the value of the goods or the seriousness of the defect. He is then obliged to proceed, where possible, according to the method not chosen by the buyer”.
Article L211-12 of the French Consumer Code: “Actions resulting from lack of conformity must be made within two years of the delivery of the goods.”
Article 1641 of the French Civil Code : “The seller is bound to a warranty on hidden defects in the item sold which would render it unfit for the use for which it was intended, or would so impair that use that the buyer would not have purchased it, or would have done so at a lower price, if he had known”.
Article 1644 of the French Civil Code : “In the case of articles 1641 and 1643, the buyer has the choice to return the item and have its price refunded, or to keep it and have part of the price refunded”.
Article 1648 paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect”.