Terms of sale
Preamble
The purpose of these General Terms and Conditions of Sale is to define the rules applicable in the context of the sale of BDC’s brand products (hereinafter "the Product(s)") on the website www.bdc-paris.com (hereinafter "the Site").
Between
SOPHIE SOLEIL (hereinafter «Sophie Soleil»)
a limited liability company with capital of €26,000, with its registered office at 14 rue des Commines, 75003 Paris, registered in the Companies Register for Paris under number 483 542 411.
AND
Any adult individual, not a trader, having legal capacity to enter into a contract, exclusively domiciled in the countries to which Sophie Soleil delivers, and to making a Product purchase on the Site< (hereinafter "the Customer").
These General Terms and Conditions of Sale are accessible at all times on the Site; the Customer must declare that it has read and acknowledged them when the order is recorded.
Therefore, placing an order entails full and unreserved acceptance by the Customer of the General Terms and Conditions of Sale, to the exclusion of all other terms and conditions.
Sophie Soleil endeavours to ensure, to the best of its ability, that the information distributed on the Site is accurate and up-to-date, and reserves the right to correct content, at any time and without notice.
Should a condition prove lacking, it would be regarded as governed by French practices and laws in force on remote selling. The potential nullity of one of the clauses of the General Terms and Conditions does not entail the nullity of the General Terms and Conditions of Sale in their entirety, since only the invalid clause is deemed unwritten and without effect.
Sophie Soleil reserves the right to amend these General Terms and Conditions of Sale at any time, by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date of placement of the order by the Customer.
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale govern the sale of BDC’s items presented on the Site by Sophie Soleil, a French limited liability company with capital of €26,000 registered in the Companies Register under SIREN number 483 542 411 with its registered office at 14 rue des Commines, 75003 (hereinafter ("Sophie Soleil ") to all adult individuals who are not traders exclusively (hereinafter the "Customer").
They therefore govern the various stages of visiting the site and completion of the sale: from placement of the order by the Customer to delivery of the Product to the Customer.
The preamble forms an integral part of these General Terms and Conditions of Sale.
ARTICLE 2 - PRODUCTS
The Products offered for sale by Sophie Soleil are those featuring on the Site on the day it is visited by the Customer.
Each product shall form the subject of a description which, in addition to a photograph, shall include: the price, sizes and colours available, composition and any specific characteristics.
There may be minimal differences between a product and its photograph, depending, in particular, on the resolution and colour definition of the user's screen.
ARTICLE 3 - PRICES
Prices are expressed in euros (€), inclusive of all tax including VAT and excluding preparation and delivery costs which vary according to country. The prices shown include the rate of VAT applicable on the day of the order. If the VAT rate were to be changed, it would automatically be passed on in the price of the items. The fixed rate of contribution to preparation and delivery costs is notified to the Customer on the summary order form, before approval of the order.
Any order is deemed tantamount to acceptance of the prices and description of products available for sale.
Sophie Soleil reserves the right to change the product prices and descriptions at any time, particularly in the case of an increase in taxes applicable to sales, including the VAT rate and/or in the case of a typographical error or obvious entry error on the product price or description.
Therefore, products shall be invoiced based on the price in force when the order is recorded, barring any obvious error.
Transfer of risks, loss and damage to Products shall occur after delivery and receipt of the Products by the Customer.
ARTICLE 4 - PRODUCT ORDERS AND PAYMENT
4.1 Placing an order
The Customer finalises their order by completing the following 5 steps
Step 1: the Customer selects the chosen Products and adds them to their basket, after having selected the required size and colour.
The basket in the top right-hand corner of the screen shows the Customer that it has taken the selections into account, indicating the number of Products that it contains.
Step 2: the Customer verifies the content of their basket by clicking on "Place order", to access their order summary. The Customer can then change their order (Product, size, quantity).
The order total inclusive of tax, showing the price due for the Products and delivery costs separately, is then shown in the summary.
Step 3: Once the order has been verified and where applicable, amended, the Customer approves their basket to finalise their order, by clicking again on "Place order".
If the Customer has a voucher code, reserved for preferential Customers, they must enter this where shown, in order to benefit from that code.
Step 4: Entry by the Customer of delivery and billing details Fields marked with an asterisk (*) are mandatory fields, it being specified that unless indicated otherwise by the Customer, the billing address will automatically be the same as the delivery address.
If the Customer has already placed an order on the Site, they have a customer account. In this case, they only need their e-mail address and password to log in.
The Customer then verifies the information and clicks on "Accept" to continue with their order.
Step 5: Entering bank details
The Customer then accesses the secure payment screen as outlined below in article 4.3.
Payment is made online by card or PayPal.
The Customer must enter their card number, its expiry date and the 3- or 4-digit card security code on the back of their card.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
If payment fails, the Customer shall have 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected to a screen notifying them that payment has been refused. The Customer shall then be invited to contact Sophie Soleil Customer Service to find out why payment has been refused and reach a solution to complete the order.
4.2 Order confirmation
On acceptance of the Customer's payment, the Customer will receive a confirmation e-mail for their order, summarising all items ordered, the billing address and delivery address, and also the delivery date.
Approval of the order by the Customer and the order confirmation e-mailed to the Customer by Sophie Soleil, once payment has been accepted, are deemed tantamount to conclusion of a Sales Contract between the Parties and acceptance of the General Terms and Conditions of Sale.
A Customer who has placed an order will have the option of printing their invoice by logging on to the Site in the "Track your order" space provided to this end.
Sophie Soleil reserves the right not to approve the order in the case of:
• Obvious error in Price;
• Unusual activity on the Customer's account (unusual or abusive complaints, unusual or abusive exchanges and returns, etc.);
• Unusual orders in the light of quantities ordered,
• Existing dispute(s) with the customer.
The Site Customer Service is available to the Customer for all queries relating to their order. Customer Service is available via a contact form, e-mail (shop@bdc-paris.com), and by phone on +33 1 42 22 98 98, Monday to Saturday, 11.00 am to 7.00 pm
4.3 Payment
The price of the Products purchased is payable in cash, in full, on the day the order is placed by the Customer.
Transactions completed on the Site are secure, using the Geotrust payment system.
All information exchanged in order to process payment is encrypted using the SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted or used by third parties. At no time do the Customer's financial details pass through Sophie Soleil 's IT system.
Geotrust verifies that the connection with the Customer's browser is secure before sending the payment form to the bank handling the financial transaction.
Since Geotrust is a technical provider, it is not responsible for disputes relating to orders, which are processed directly by Sophie Soleil as stated above, or where applicable, by the Customer's bank.
In the case of fraudulent use of their card on the Site, the Customer is invited to contact Customer Service using the contact form, e-mail (shop@bdc-paris.com), and by phone on +33 1 42 22 98 98, Monday to Saturday, 11.00 am to 7.00 pm
The debit authorisation request is made at the time of approval of the order on the Site, unless servers are unavailable. Sophie Soleil reserves the right to issue a second debit authorisation request if the first request has failed due to unavailability of servers.
In the case of non-payment, incorrect address or any other issue on the Customer's account, Sophie Soleil reserves the right to block the Customer's order until the issue is resolved.
4.4 Saving the order
The order confirmation is registered in Sophie Soleil 's records, themselves saved on a reliable long-term medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
ARTICLE 6 - NON-CONFORMITY OF THE PRODUCT(S)
The Customer is required to verify the conformity of the Products received in execution of their order on delivery. Any anomaly concerning delivery, such as:
• damaged parcel;
• missing products;
• damaged products;
• products not conforming to order
must be notified within the statutory periods after receipt of the order.
After this period, and barring any concealed defect, no complaint will be accepted by Sophie Soleil, the Products then being deemed in conformity.
In order to return the Product(s) for which an anomaly has been noted, the Customer must respect the following procedures:
• Complete the relevant sections of the Delivery Note enclosed with their package, indicating the reason for the return and the quantities returned.
• Package the product(s) to be returned carefully, and enclose the duly completed Delivery Note. The parcel must be returned to the following address: Service Client BDC – 62 rue des Saints Pères – 75007 PARIS
On receipt of the Product(s) and once their non-conformity has been actually established, Sophie Soleil offers the Customer either:
• replacement of the Product(s) at Sophie Soleil 's expense;
• refund of the price of the order (price of the Products and delivery costs) along with the costs of returning the non-conforming Product, within a maximum of thirty (30) days of the date of dispatch of the notification of confirmation of the non-conformity by Site Customer Service.
In the case of a refund, Sophie Soleil guarantees a refund for all products returned due to non-conformity and carriage costs incurred, except for the tax and customs duty paid by the Customer on delivery.
In the case of any unusual or abusive complaints, Sophie Soleil may refuse to issue a subsequent order.
ARTICLE 7 - RIGHT TO WITHDRAW
The Customer has a period of fourteen (14) days from the date of receipt of their order to return the Products ordered, without justification or penalty.
For any return in the context of the right to withdraw, the procedure below must be followed in full:
• Complete the relevant sections of the Delivery Note enclosed with their package, indicating the reason for the return and the quantities returned.
• Package the product(s) to be returned carefully, and enclose the duly completed Delivery Note. The parcel must be returned to the following address: Service Client BDC – 62 rue des Saints Pères – 75007 PARIS. Products must be returned in their original packaging, with their label and any accessories in their original condition.
Risks and return costs are exclusively borne by the Customer.
Subject to the conditions set out above, Sophie Soleil will refund the total inclusive of tax of the order to the Customer (price of Product plus delivery costs), excluding costs of return. This amount will be credited to the Customer's bank account within thirty (30) days of receipt of the Products by Sophie Soleil.
ARTICLE 8 - WARRANTIES
The products offered comply with French legislation currently in force. All Products benefit from the statutory compliance warranty scheme provided for in Articles L217-4 et seq of the Consumer Code, and from the latent defect warranty in Articles 1641 et seq of the Civil Code.
Under these warranties, Sophie Soleil undertakes, at the choice of the Customer, to refund them or exchange the faulty products or products not corresponding to their order, subject to availability.
Any claim made under these warranties must be sent by registered post requiring acknowledgement of receipt to Sophie Soleil Customer Service (Service Client BDC – 62 rue des Saints Pères – 75007 PARIS).
The Products covered by the warranties must be returned new, complete and in their original packaging after receipt and confirmation of the complaint by Sophie Soleil Customer Service.
The Customer will be refunded return postage costs within a maximum of thirty (30) days of receipt of the product by the seller.
ARTICLE 9 - PERSONAL DETAILS
By browsing and placing an order on the Site, the Customer accepts the collection and processing of a certain number of details strictly necessary:
• the processing of orders;
• communication to the Customer of information about BDC’s brand;
• communication to the Customer of information about the Site;
• allow them to benefit from offers if the Customer expressly accepts this by approving their order.
The information strictly necessary to Sophie Soleil in the context of handling the Customer's order is marked with an asterisk (*).
All personal details gathered by Sophie Soleil are processed with the utmost confidentiality and transparency, in accordance with the national laws and European regulations currently in force.
The Customer's personal details are kept for a period strictly proportionate to the purpose of their collection.
Therefore, details used for the purposes of order handling, improvement of Customer relations and canvassing are kept for a period of three months with effect from the end of the commercial relationship. Customers' bank details are deleted immediately, once the transaction has been completed.
Sophie Soleil undertakes to apply all useful precautions to ensure the safety of its files and the protection of its IT system, and in particular to prevent the Customer's information being distorted or damaged, or unauthorised third parties having access to that information.
The Customer's personal details are sent to and stored at the site host's premises situated in France; their contact details feature on the site under "Legal Notice".
Under the statutory and regulatory provisions, the Customer has a right of access, correction, portability, deletion and restriction on the processing of their personal details.
To exercise their rights, the Customer must contact Sophie Soleil Customer Service, stating their full name, e-mail address, address and customer references, by e-mail (shop@bdc-paris.com) or by post (Service Client BDC – 62 rue des Saints Pères – 75007 PARIS).
Each request must be signed and be accompanied by a photocopy of an identity document featuring the Customer's signature and specifying the address for reply. This response will then be sent to the Customer within 1 month of receipt of the request, or 2 months taking account of the complexity and number of requests, on the condition that the Customer is notified of this beforehand within 1 month of receipt of their request.
The Customer can also delete or correct their personal details themselves, from their Customer space, logging in using their e-mail address or password.
Data retention :
Customer and prospect data is stored for 5 years after the end of the relationship.This period begins: at the time of the last order, the last time the customer connects to its account, when an email is sent to the customer service department, if the link in an email sent by BDC is clicked on, if items are placed in the basket but a purchase is not made, or finally if the customer sends a positive response to an email requesting whether they wish to continue to receive sales material at the end of the five years or not.
At the end of this period of time, the customer's or prospect's data will be anonymised.
ARTICLE 10 - COOKIES
Our website is responsive to the needs of our customers.
ARTICLE 11 - INTELLECTUAL PROPERTY
Use of the Site is reserved for strictly personal purposes.
In accordance with the laws governing intellectual property, this Site and all the elements it comprises, such as sounds, images, graphics, photographs, videos, documents, animations, programmes, graphic charter, database utilities, software and other underlying technology, plus trademarks, drawings, models, logos, etc. found on this Site, along with their compilation, are the exclusive property of Sophie Soleil or potentially of its suppliers and partners, the latter not granting any licence or any right other than the right to visit the Site.
Any reproduction, in full or in part, modification or use of any element of the site and in particular of trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without Sophie Soleil 's express prior consent, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, with the exception of descriptive logos and signs belonging to the trademarks present on the Site. The same will apply to all copyright, drawings and models and patents which are the property of Sophie Soleil.
Consequently, Sophie Soleil may bring proceedings, in particular for infringement, against all those who, directly or indirectly, infringe its rights.
Sophie Soleil forbids the use of any deep linking to the Site or of a hypertext link that uses a transclusion technique. Any user wanting to use on their personal internet Site an ordinary link directing browsers directly to the Site home page, must request Sophie Soleil 's express authorisation before doing so.
ARTICLE 12 - LIMITATION ON LIABILITY
Placing an order on the Site implies awareness and acceptance of the procedures currently in force on the Internet network, notably as regards technical performances, response times, connection times, searches or transfers of information, computer failure risks, risks of contamination by viruses circulating on the network and generally, all risks associated with use of the Internet network.
Therefore, in no event may Sophie Soleil be held liable for any direct or indirect damage resulting from any misuse or incident linked to use of the computer, Internet access, maintenance or malfunction of servers, telephone lines or any other technical connection, the Customer's connection to the Site being their sole responsibility.
ARTICLE 13 - FORCE MAJEURE
Sophie Soleil will not be liable for non-fulfilment, in full or in part, of its obligations in respect of the order placed by the Customer, if this non-fulfilment is caused by an event constituting an event of force majeure as defined by positive law.
In this case, Sophie Soleil will inform the Customer by e-mail of the occurrence of such an event within 3 (three) clear days of its occurrence.
After a period of 1 (one) month and if the event constituting an event of force majeure continues, the order will be cancelled and will, where appropriate, form the subject of a refund by Sophie Soleil to the card used to place the order, within a maximum of 30 (thirty) days.
ARTICLE 14 - DISPUTES
If any one of the terms of these General Terms and Conditions of Sale were to become invalid, illegal or unenforceable due to a court decision, the other provisions of the General Terms and Conditions of Sale will remain in force.
These General Terms and Conditions of Sale are executed and interpreted in accordance with French law.
In the event of any dispute, the Customer must contact Sophie Soleil as a priority in order to reach an amicable solution.
In the event of failure or in the absence of a response from Sophie Soleil within two months, the Customer may submit the dispute to the Ombudsman MEDICYS (www.medicys.fr) who will attempt, completely independently and impartially, to reconcile the parties with a view to reaching a solution.
Resorting to the Ombudsman is financed by Sophie Soleil.
The Parties are free to reject the solution proposed by the Ombudsman.
On failure to reach an amicable agreement, the court with jurisdiction to resolve the dispute is the court for the defendant's address or the court for the place of actual delivery of the item.
ARTICLE 15 - AMENDING THE GENERAL TERMS AND CONDITIONS OF SALE
Taking into account possible changes to the Site, Sophie Soleil reserves the option of adapting or amending these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will, where applicable, be brought to the Customer's attention by an amendment online and will apply only to those sales made after the amendment.
ARTICLE 16 - TERM
These terms and conditions apply throughout the period during which products and services offered by Sophie Soleil are placed on line.
ARTICLE 17 - PROOF
The computer records kept on Sophie Soleil 's information systems and those of its partners under reasonable security conditions will be considered as proof of communication, orders and payments made between Sophie Soleil and the Customer.