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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE PLATFORM

 

Table of content

 

  1.             SCOPE OF APPLICATION OF THE GENERAL TERMS OF SALE                                                             1
  2.            DESCRIPTION OF THE GOODS                                                                                                                              1
  3.           PRICE LIST- PRODUCT PRICES                                                                                                                             2
  4.          METHODS OF PRODUCT ORDERS                                                                                                                       2
  5.           USE – MANAGEMENT OF THE DEPARTMENTS                                                                                             4
  6.          RIGHTS TO WITHDRAW- PRODUCT RETURN                                                                                                 5
  7.         GUARANTEES– AFTER SALES SERVICE- CLAIMS                                                                                       7
  8.        SPECIAL CONDITIONS FOR PERSONALIZED PRODUCT                                                      10
  9.          INFORMATION - TRANSPARENCY                                                                                                                      11
  10.           APPLICABLE LAW AND COMPETENT JURISDICTION                                                                               14

 

 

 

  1.                     I.    SCOPE OF APPLICATION OF THE GENERAL TERMS OF SALE

 

 

These General Terms and Conditions of Sale (hereinafter referred to as « GSC ») are in force between 1) the DISTRIBUTION COMPANY BANDE A PART, a simplified corporation registered in the RCS of Paris under number 837 871 698, headquartered at 16 boulevard des Capucines- Building Edouard VII in Paris (75009) (hereinafter referred to as « Vendor ») and 2) any individual using the services of the Vendor (hereinafter referred to as « Buyer »). They govern the remote sale of products on the web-based store http://bandeapart.com/  (hereafter referred to as the “Site”).

 

 

The Seller specializes in the manufacture and distribution of luggage storage products. This activity is more precisely described on the Site under the section "LA BANDE".

 

The purpose of these Terms and Conditions is to define the contractual relationship between the Seller and the Purchaser for any purchase made via the Site. Acquisition of a property through the Site implies unqualified acceptance by the Purchaser of these GSC.

 

These GSCs shall prevail over any other general or special conditions not expressly approved by the Seller. The Seller reserves the right to modify its GCSs at any time.In this case, the conditions applicable will be those in force on the date of the order made by the Purchaser, provided that the products ordered prior to that date will remain subject to the old GCSs previously accepted by the Purchaser.

 

 

  1.                     II.   DESCRIPTION OF THE GOODS

 

 

The products proposed by the Seller are those listed in the catalogue published on the Site (hereafter the “Products”).The characteristics of the Products are indicated on the product data sheets on the Site pages.All Products comply with the French legislation in force.When the Buyer wishes to obtain clarification or further information on the Products, the Customer Service is available via http://bandeapart.com/in the “Customer Services” section, or by telephone at +33 01 49 24 99 63 (10 a.m. to 7 p.m., every day except Sunday and public holidays, telephone reception in French and English, untaxed number).

 

Photographs in the catalog are as accurate as possible but cannot ensure perfect similarity with the Products, especially as regards to colours.Products' visuals can also be altered depending on the quality of the device used.

 

The Seller offers online customization of some of its products (hereafter referred to as “Customized Products”).The Buyer can access this offer by clicking on the menu «Suitcases».

 

 

The Special Conditions for Remote Sales of these Customized Products are described in Article VIII of these GSCs. All provisions of the GScs non-modified by the Special Conditions of Article VIII shall continue to apply to the Customized Products.

 

Generally speaking, the Products are offered within the limits of available stocks. If, despite its efforts, all or part of the Products are unavailable after validation of an order, the Seller informs the Buyer by email as soon as possible and offers him the possibility to choose between waiting or cancelling without charge, the order of the unavailable items.

 

 

 

  1.                     III.  PRICE LIST - PRODUCT PRICES

 

 

Product prices are posted on the Site, in Euros, all taxes included (VAT and other applicable taxes). The prices indicated on the Site do not include any additional order processing and shipping charges. The Seller reserves the right to change its prices at any time. The prices applicable to an order are those in force at the time of the Buyer order’s confirmation.

 

Shipping rates, depending on the country in which an order is delivered, are not shown on the online prices and are displayed when an order is placed. Final order price includes taxes and shipping costs. This price detail will be fully displayed before any order confirmation and in the Acknowledgement and Order Confirmation emails.

 

  1.               IV.METHODS OF PRODUCT ORDERS

 

1. – Acceptance of General Terms of Sales

 

Purchasing Products is conditional upon the Buyer’s acceptance of these GSCs. The sale’s contract between the Seller and the Buyer is deemed to have been concluded on the date of acceptance of the GSCs by the latter. Buyer’s adherence to these GSCs is materialized by checking the “I have read and accept the terms and conditions” box and then clicking the “Order and pay” button.

 

Buyer’s adherence to these GSCs is complete and unqualified. GSCs prevail over all other terms and conditions, except those that have been expressly accepted by the Seller.

 

 

 

2. –  Signing of the order by the Buyer

 

The Buyer’s orders are placed on the Site. The Buyer shall retain at his expense the costs of telecommunication when accessing the Internet and using the Site. In order to purchase a Product, the Buyer must fill out an order form specifying certain mandatory fields, so that its selection can be taken into account by the Seller. In case of prolonged inactivity, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer is then invited to resume his selection of Products from the start. All steps necessary for the sale are specified on the Site.

 

The Buyer has the opportunity to verify the details of his order, his total price (including any possible order processing and shipping costs) and to correct any errors, before final confirmation. With each modification of any selection by the Buyer, the total price displayed is updated. By definitively confirming its order, the Buyer acknowledges that the Seller has made available the necessary information to assess all the characteristics of the Products. From the time the Buyer has definitively confirmed its order, the Seller shall without delay acknowledge receipt of the order, by electronic means to the address instructed by the Purchaser (hereinafter Acknowledged receipt”).

 

On the day of dispatch of the order, the Buyer shall receive, for each of the Products, written confirmation of the contract recalling the total price of the order and its detail and the present GSCs (hereinafter “Order Confirmation”). The Seller shall ensure the retention of the contract recording the sale, for a period of ten (10) years, following the conclusion of the contract. It guarantees its access to the Purchaser at all times, if the Purchaser so requests. If the delivery of the property is not immediate, the period shall run from the conclusion of the contract to the date of delivery of the property and for a period of ten (10) years, to that date. For each order, the Seller shall issue a duplicate invoice, one of which shall be sent to the Buyer at the electronic address provided by the Buyer.

 

If the Seller is unable to deliver a Product ordered, he shall inform the Buyer, by email, as soon as possible and offer him the possibility of choosing between waiting or cancelling without charge the order of the unavailable items. Only items shipped will be debited.

 

 

3. – Payment

 

Payment of the Buyer’s purchases can be made by credi card (network’s cards such as, Visa, Eurocard/Mastercard, American Express are accepted). In case of payment by credit card, the Buyer’s credit card is debited at the time of shipment of the Products ordered.

 

The Buyer guarantees to the Seller that he is the cardholder of the information provided and that he holds all the rights necessary to make use of it. In the event that, for any reason (opposition, refusal of the transmitting centre...), the debited amount due by the Buyer, could not be recovered, the order should be cancelled.

 

4. –  Terms of delivery

 

The delivery of the Products takes place in Metropolitan France and European Union. The Buyer also has the ability to have the Products delivered to a natural person of his choice whose permanent residence is also located in Metropolitan France or European Union. No delivery can be made to hotels, relay points, or mailboxes.

 

The delivery of the Products ordered shall take place within thirty (30) days of the order, subject to the full payment of its price, and unless shorter notice is given at the time of the order. If, at the time of delivery, the outer aspect of the package is not perfect, the Buyer must open it in the presence of the carrier, in order to check the condition of the item. In the event of a damaged item, the Buyer shall detail it precisely on the return voucher, with the provisions of Article VI below applicable.

 

Fees applied to standard deliveries (deliveries within 3-4 working days), are paid by the Seller. If the Buyer opts for a specific delivery time (express delivery etc.), additional costs, of which the total amount shall be communicated before the final confirmation stage of his order, may be charged to him.

 

 

  1.               V.  USE – MANAGEMENT OF THE DEPARTMENTS

 

1. – Accessibility to the Site

 

The Site is normally accessible 7 days a week and 24 hours a day. The Seller reserves however, the right to restrict, in whole or in part, access to the Site, in order in particular, to ensure the maintenance of its computer configuration. In the event that the Seller, is required to make scheduled interventions on the Site, the Seller shall endeavour to inform the Buyer, by means of a message posted on the Site. In all cases where an emergency response is required, the Seller shall be exempt from any obligation, to provide such information in advance. The Seller is not responsible for damages of any kind, which may result from temporary unavailability of all, or part of the Site.

 

2. –  Creation of Customer Account

 

 

The opening of an account on the Site is optional (hereinafter the “Account”) and is carried out under the conditions described below.

 

During the account opening procedure, the user is prompted to read the GSCs that are made available to him. To create the Account, the user is prompted to provide information about him, such as name, first name, telephone number, password and email address. This information, allows the user to follow his commands more easily and save his preferences for his next visits. Failure to provide the requested information or incomplete supply, is equivalent to waiving the creation of an account. The user validates, in addition to the information requested about him, a password, allowing him to identify himself on the Site. Upon creation of an Account, the user receives a confirmation of Account creation at the email address provided.

 

By creating an Account on the Site, the user certifies that the information provided is truthful, accurate, sincere and up to date. Likewise, they commit to update their Account in all cases of change of address, change of telephone or email contact information, or other information. The User may not hold the Seller responsible, for the consequences of an erroneous or unupdated statement.

 

Generally speaking, the user is solely responsible for the management of the Account and the preservation of all identification elements, allowing access to the Site. The Seller does not intervene in the management of any Account. Any transaction carried out, using the identifiers attached to a User’s Account, shall be deemed to have been made by the User. The Seller may, in no way, be held responsible for any fraudulent use of these identifiers.  In all cases of loss, theft or doubts about a possible disclosure of this data, the user must modify his password and immediately inform the Seller by email, with a request for an acknowledgment of reading.

 

3. –  Suspension or termination of account

 

 

The Seller may suspend at any time and for just cause an Account, for any duration.During the suspension of the concerned account, the user can continue to access that account, but is not able to place a Product order from that account. The Seller may, in its discretion, terminate an Account upon express notification, by email to the informational email address, in particular, in the event of non-compliance with the GSCs, or in the event of a violation of the law and regulations of the Site, of a proven infringement, or in the event of the Account’s inactivity for a period exceeding two years. The user can, at any time delete his Account, by sending the Seller a termination request through the page dedicated to the Site.

 

 

 

  1.               VI.RIGHTS TO WITHDRAW – PRODUCT RETURN

 

1. – Right to Withdraw of the Buyer

 

 

The Buyer shall enjoy the right of withdrawal provided for in Articles L. 221-18 and following the Code of Consumption.

The Purchaser may exercise its right of withdrawal, without having to give reasons for its decision, within fourteen (14) days from:

 

  1.       i)          From the day following the date of receipt of the property by the Purchaser or a third party, other than the carrier, designated by the Purchaser;

 

  1.       ii)         In the case of a contract for several goods, ordered by a single order and if these goods are delivered separately, from the day following the date of receipt of the last property by the Purchaser or a third party, other than the carrier, designated by the Purchaser.

 

 

If the deadline expires on a Saturday, Sunday or a statutory or statutory holiday, it shall be extended until the next first working day. In all cases, the Buyer may exercise his right of withdrawal from the conclusion of the contract.

 

Notification of the withdrawal decision: The mere referral of the Product without a withdrawal decision or the refusal to take delivery, is not enough to express a willingness to withdraw. In notifying its withdrawal decision, the Purchaser may use the RETRACTATION FORM at the bottom of these GSCs, or any other unambiguous declaration before the expiry of the withdrawal period, and send it to the Seller’s attention:

 

  •        -           At the mailing address : Customer Service, 16, boulevard des Capucines, Building Edouard VII – 75009 Paris ;
  •        -           Or via the online form to be filled out on the Site, under the heading «Contact Us»

 

In case of notification of its withdrawal decision via the online form, the Seller shall, without delay, notify the Buyer of receipt of the withdrawal at the email address provided by the Buyer.

 

Return of Products by the Buyer: In order to return any Products received by the Buyer exercising his right of withdrawal, the Buyer may return the Product free of charge by post to: Customer Service, 16, boulevard des Capucines, Building Edouard VII – 75009 Paris.

 

Refund of the Buyer: The returned Product is examined beforehand by the quality service of the Seller. The Seller shall refund the Buyer for all sums paid, including delivery costs, without undue delay on the date of recovery of the Products or as soon as the Buyer provides proof of the shipment of these Products. Reimbursement of amounts paid by the Purchaser, for the Returned Product, shall be made using the same means of payment, as used for the original transaction, unless the Buyer expressly agrees to use another means of payment and provided that reimbursement does not entail costs.  The additional costs, paid by the Buyer and related to his express choice, of a specific delivery method more expensive than the standard delivery mode proposed by the Seller, are not reimbursed (example: express delivery).

 

In all cases, the Buyer must return the Products delivered in their original and complete packaging (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return voucher. Products returned incomplete, bruised, damaged, degraded, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn (for purposes other than those, that allow for the normal appreciation of the substantial qualities of the product), will not be refunded or exchanged and will be returned to the Purchaser.

 

The Buyer shall be liable only for the depreciation of the product, resulting from manipulations, other than those necessary to establish the nature, characteristics and proper functioning of this Product. In the case of a gift, the right of withdrawal remains to the exclusive benefit of the Buyer and cannot be exercised by the recipient of the gift.

 

2. –  Returned orders

 

 

The Buyer may also cancel any order, without charge and without cause, provided that it has not yet been shipped. To do this, the Buyer is asked to check the status of his order on the Site beforehand.

 

If the order status is “in progress” or “pending”, the Purchaser can cancel it by contacting the Customer Service, via the Site http://bandeapart.com/.  The Customer Service then, immediately requests the cancellation of the order, from the warehouse.  In case of success, the Seller sends an email to inform the Buyer and the cancellation is free of charge. If the cancellation is not possible, the Product shall be delivered to the Purchaser and may be returned, in accordance with the procedure described, in the Article VI.1 above.

 

 

3. –  Refusal of order

 

 

The Site is intended for the direct sale of the Products to final consumers. The purchase of Products for resale is therefore strictly prohibited. The purchase for resale is the purchase of the Product by a person, who resells or intends to resell it, to third parties (consumers, businesses or any other third party).

 

If the Seller has reason to believe, that a Buyer is involved in the purchase for resale, he reserves the right to take any action against him, including, without restriction, to limit sales to him, to cancel his orders and/or to suspend or close his account.  The Seller is also entitled to refuse any order from a Buyer, with which, a dispute relating to the payment of a previous order exists.

 

 

  1.               VII.GUARANTEES – AFTER SALES SERVICE - CLAIMS

 

 

The Buyer must ensure that the items delivered to him, correspond to his order. Assuming that the items delivered, do not comply with its order, the Purchaser must inform the Customer Service by telephone or by email, the contact information of which is mentioned in the Article II of the GSCs.

 

The Seller shall continue to be bound by the legal guarantee of conformity referred to, in Articles L. 217-4 to L. 217-12 and by that relating to the defects of product sold, in accordance with Articles 1641 to 1648 and 2232 of the Civil Code.

 

1. –  Legal guarantee of conformity (Articles L. 217-4 and following of the Consumer Code) :

 

When acting as a legal guarantee of compliance, the Buyer:

 

  •      ¬   Has a period of 2 years from the issue of the property, to act, according to Article L. 217-12 of the Consumer Code
  •      ¬   Selects between the repair or replacement of the property, subject to the cost conditions provided for, in Article L. 217-9 of the Consumer Code
  •      ¬   Is exempt from reporting evidence of default of the property during the first 24 months following the issuance of the property.

 

2. –  Warranty related to the defects of the product sold (article 1644 of the Civil code) :

 

The Buyer may decide to implement the warranty against hidden defects, of the item sold, within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the selling price, in accordance with Article 1644 of the Civil Code.

 

3. –  Commercial guarantee « BAP » (Article L.217-15 of the Consumer Code)

 

The Buyer has a commercial guarantee, in addition to the aforementioned legal guarantees (conformity and defects of the item sold), whose scope is the following:

 

  •        -           Possible cost: free guarantee
  •        -           Duration: three (3) years from the date of purchase of the Product;
  •        -           Products concerned: This commercial warranty covers only rigid suitcases and does not apply to any of the other Seller’s products
  •        -           Content: this warranty allows the Buyer to obtain the repair of the Product ordered.

 

To benefit from this commercial warranty, the Buyer provides the Seller with a dated and original purchase document.

 

In accordance with the provisions of the Code of Consumption, when the Buyer requests from the Seller, during the course of the commercial warranty granted to him, on the acquisition or repair of a moveable property, a refurbishment covered by the warranty, any period of immobilization of at least seven (7), days shall be added to the period of the warranty remaining.

 

This period shall run, from the time of the Buyer’s request, for intervention or from the provision for repair of the property in question, if this provision is made after the request for intervention.

 

*           *           *

 

Reminder of Articles L. 217-4, L. 217-5, L. 217-7 to L. 217-13 and L. 217-15 and L. 217-16 of the Consumer Code and Articles 1641 to 1644 and 1648, first paragraph, of the Civil Code

 

 

Section L.217-4 of the Consumer Code:“ The seller delivers a good that complies with the contract and responds to any defects of conformity existing at issue. It also responds to defects in compliance resulting from packaging, installation instructions or installation when it has been contracted or performed under its responsibility.”

 

Article L.217-5 of the Consumer Code: “ Asset is in accordance with contract: 1° Whether it is specific to the usual expected use of a similar property and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer, in the form of a sample or model; - if it presents the qualities that a purchaser can legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.”

 

Article L. 217-7 of the Consumer Code: “ Defects of conformity that appear within twenty-four months of the issuance of the property, are presumed to exist at the time of issuance, unless there is evidence to the contrary. For used goods, this period shall be six months.  The seller can combat this presumption, if it is not compatible with the nature of the property or the breach of conformity claimed.”

 

Article L. 217-8 of the Consumer Code: “Buyer is entitled to require compliance of the good to the contract. It cannot, however, challenge compliance by invoking a defect it knew or could not ignore when it contracted. The same applies when the defect originates in the materials it has supplied.”

 

Article L. 217-9 of the Consumer Code: “In the event of non-compliance, the purchaser chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice, if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the property or the size of the default.  It is then obliged to proceed, unless it is impossible, according to the method not chosen by the purchaser.”

 

Article L. 217-10 of the Consumer Code: “If the repair and replacement of the property is not possible, the buyer can return the property and be refunded of the price or keep the property and get a share of the price.

The same faculty is open to him:  1) If the solution requested, proposed or agreed upon pursuant to section L. 217-9 cannot be implemented, within one month of the buyer’s claim; 2) Or if this solution cannot be without major inconvenience to it, having regard to the nature of the property and the use it seeks. The resolution of the sale cannot however be pronounced if the default is minor»

 

Article L. 217-11 of the Consumer Code: “Application of the provisions of Articles L. 217-9 and L. 217-10 shall be free of charge to the purchaser. These same provisions do not impede the award of damages and interests.”

 

Section L.217-12 of the Consumer Code: The action resulting from failure to comply shall be prescribed two years from the date of issue of the property.”

 

Article L. 217-13 of the Consumer Code: “ The provisions of this Section do not deprive the purchaser, of the right to exercise the action resulting from the defects of redundancy, as derived from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature, recognized to him by law.”

 

Article L. 217-15 of the Consumer Code: « Commercial warranty is any contractual commitment by a professional to the consumer for the purpose of reimbursement of the purchase price, replacement or repair of the property or the provision of any other service in relation to the property, in addition to its legal obligations to ensure compliance. The commercial warranty shall be the subject of a written contract, a copy of which shall be given to the purchaser. The contract shall specify the content of the guarantee, the details of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.  In addition, it makes it clear and precise that, irrespective of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 and Article 1641 and the first paragraph of Article 1648 of the Civil Code shall be reproduced in full in the contract.  In the event of non-compliance with these provisions, the warranty remains valid. The purchaser is entitled to it.”

 

Article L.217-16 of the Consumer Code: “ When the purchaser asks the seller, during the course of the commercial warranty granted to him when acquiring or repairing a piece of movable property, for a refurbishment covered by the warranty, any period of immobilization of at least seven days, shall be added to the duration of the warranty remaining. This period shall commence from the request for intervention by the purchaser or from the provision for repair of the property in question, if this provision is made after the request for intervention.”

 

 

Article 1641 of the Civil code: “ The seller is bound by the warranty, on account of the hidden defects of the thing sold, which render it unfit for the purpose for which it is intended, or which so diminish its use, that the buyer would not have acquired it, or would have given only a lesser price, had he known it.”

 

Article 1642 of the Civil code: “ The seller is not bound by apparent defects, which the buyer has been able to convince himself of.”

 

Article 1643 of the Civil code:He is bound by hidden defects, even though he would not have known them, unless, in this case, he stipulated that he would not be obliged to any guarantee.”

 

Article 1644 of the Civil code:In the case of sections 1641 and 1643, the purchaser has the choice of returning the item and having the price returned, or keeping the item and getting a share of the price.”

 

Article 1648, first paragraph of the Civil Code: “ The action resulting from the defects must be initiated by the purchaser within two years of the discovery of the defect.”

 

 

 

4. – After-sales Service, Claims and Implementation of a guarantee

 

The Seller offers an after-sales service of its products. For any information, claim or question related to the GSCs or the Product itself, the Purchaser may contact the Customer Service:

 

  •        -           By mail at: BAP – Customers Service – 16, boulevard des Capucines, Building Edouard VII – 75009 Paris ;
  •        -           By phone : dial  +33  01 49 24 99 63 (from 10 am to 7 pm, every day except Sunday and holidays, telephone reception in French and English, untaxed number);
  •        -           Or on the website via the “Contact Us” form or the “Customer service” section, by recalling the order number if possible.

 

The buyer may exercise the aforementioned guarantees by addressing his request:

 

  •        -           By mail to the aforementioned postal address
  •        -           Or via the online form to be filled out on the Site, under the heading «Contact Us».

 

5. –Reserves and Limitations of responsibility

 

The execution by the Seller of all or part of its obligations, shall be suspended in the event of the occurrence of a force majeure case, which would interfere with or delay its execution. The Seller shall inform the Buyer of a similar case of force majeure, as soon as possible.

 

The Seller is not responsible for any delay or failure to perform, as a result of the occurrence of a force majeure event. The responsibility of the Seller cannot also be incurred, because of the inherent disruption or damage to the Internet and having the characteristics of a force majeure event. The Seller’s liability, may not be sought for damages (including, but not limited to, loss of benefit or loss of enjoyment) arising from the use of the Site, or any delay or inability to use the Site, its content or any link to another website.

 

The Seller cannot be held responsible for the possible difference in colour “screen/reality”, the terms of the personal message accompanying a gift and its possible consequences, the choices of customization of a Customized Product that would not be appropriate, unimportant whether or not it is a gift. The Seller is not responsible for orders placed by a minor, whether or not the parents authorized these orders.

 

 

The responsibility of the Seller cannot be sought for an amount greater than the purchase price of the Disputed Products.

 

 

  1.                     VIII.           SPECIAL CONDITIONS FOR CUSTOMIZED PRODUCTS

 

The Seller offers online customization of some of its products (hereafter referred to as “Customized Products”). The Special Remote Sale Conditions, for these Custom Products are described below. All provisions of these GSCs not modified by the Special Conditions of this Article VII of the Terms and Conditions, remain applicable to Customized Products.

 

1. –  Customization of products

 

The customization of a Product (combination of colours, choice of finishes, addition of images, personal inscriptions, etc.) is carried out according to the specific wishes expressed by the Buyer.

 

2. –  Personal liability of the Buyer

 

The Buyer is solely responsible for its customization.

 

It declares and guarantees to the Seller, that its request for customization does not affect the rights of third parties and complies with the laws and regulations applicable in France, in the country from which the order is made and in the country where the delivery of the customized product is foreseen.

 

In particular, the Purchaser declares and warrants that its customization request does not contain any text, images or symbols of any kind that may be considered as:  contrary to public order and/or morality; being offensive, defamatory, detrimental to the honour or reputation of others, inciting discrimination, hatred of a person or group of persons on the basis of their origin or belonging, or non-belonging to an ethnic group, a specific nation, race or religion; threatening a person or group of persons, having a pedophile character; inciting the commission of crimes or offences, praising war crimes, crimes against humanity; inciting suicide to occur; suggesting membership or apologizing terrorist groups or organizations; portraying or inciting the consumption of prohibited substances; having a pornographic character; violating the rights of the personality, respect for the dignity and integrity of the human person, privacy, the right to the image of persons and property; containing trademarks, distinctive signs and any other textual or graphic elements subject to intellectual property rights.

 

The Seller reserves the right, in its sole discretion, to refuse a request for personalization that would contravene the principles set out above or, more generally, would appear to be detrimental to the rights of third parties.

 

However, this possibility of refusal on the part of the Seller, is not such as to release the Buyer from the obligations referred to above. Indeed, it is specified, on the one hand, that the Seller does not carry out a detailed analysis of each graphic or textual element, sent to him by the Buyer in the context of a request for customization and, on the other hand that it is not in a position to assess the legitimacy of a Purchaser, to use certain terms or visuals that may be protected by intellectual property law or adversely affect the rights of third parties. The right of the Seller to refuse the customization of a Buyer, cannot therefore be construed as imposing a general obligation, to monitor the personalisation desired by the Buyer.

 

In view of the foregoing, the Buyer declares and guarantees to the seller that he is fully vested with intellectual property rights or more generally, with rights allowing him to use the contents chosen by him, for the customization of his order. It also guarantees that the said contents, in their use for personalization of Bande à Part products, do not infringe third-party rights or are in any way contrary, to public order under the conditions referred to above.

 

Should the Seller be concerned by a third party claiming rights to any of the contents, used for customization by the Purchaser, the Buyer shall make it, his personal business to regularize, with that third party(s) any agreement likely to allow the Seller, to be released from any liability in this context.

 

In all cases where the responsibility of the Seller is sought at the civil, penal or administrative level, on the basis of any personalization requested by a Buyer, in violation of the foregoing provisions, it is expressly understood that the Buyer will guarantee the Seller, the full amount of any conviction which may be pronounced, in principal and interest against him and may therefore be called as collateral, by the latter in any proceeding.

 

The Buyer is also obliged to fully compensate the Seller, for the damages suffered by the Seller, including compensation at the real cost of all sums exposed by the Seller, for the purpose of defending its rights, in particular and without limiting this list:  costs of lawyers, lawyers to the Council, of Bailiff, of expert, of travel and more generally any expenses incurred for the defence of his rights.

 

For the proper understanding of this Article, it is explicitly understood by the Parties, that the right of the Seller to refuse a request for customization, in no way alleviates the Buyer’s liability towards him or her, nor his obligation of warranty.

 

3. –Order Purchasing and Delivery of Customized Products

 

When using the Product Customization Service on the Site, the Buyer’s creative choices are only memorized during its session. If the Buyer interrupts his session before having finalized his order, he is invited to resume his creative choices from the start on his new connection.

 

Once the order has been definitively confirmed by the Buyer on the Site, a bank capture is made, and the Buyer’s bank/PayPal account is debited the amount of its order, when the product is sent to the shop for customization. The Buyer then receives an email informing him of the shipment of the Customized Product.

 

By way of derogation from Article VI. 2 of these GSCs, orders for Customized Products, may not be cancelled prior to dispatch, as the Seller usually initiates their manufacture immediately after receipt of the order.

 

By way of derogation from Article IV. 4 of these GSCs, the delivery of Customized Products shall occur within six (6) weeks from the day following the order, subject to the full payment of the price. The Buyer is informed that, the Seller will make no partial delivery. If the Purchaser wishes to order a Customized Product as well as a Non-Customized Product, both items will be delivered jointly within the same six (6) weeks period. Express delivery (delivery within 1-2 working days) is not available for Customized Products orders.

 

4. –Lack of right of withdrawal for Customized Products

 

By way of derogation from the provisions of Articles V.1 and V.2 of these GSCs, taking into account their clearly personalized character and/or confectioned per request, the right of withdrawal cannot be exercised for orders of Customized Products.  Customized Products may also not be returned, as authorized by Article V.2. Notwithstanding the foregoing, the Buyer shall continue to benefit from the guarantees provided for in Articles VI.1 and VI. 2 of the GSCs.

 

 

  1.               IX.INFORMATION - TRANSPARENCY

 

1. –  Intellectual property

 

The Buyer is obliged, to respect all intellectual property rights, belonging to the Seller, whether those rights relate to its models, trademarks, patents or any of its creations protected by the law of the Literary and artistic Property. The attention of the purchaser, is likewise drawn to the fact that the present Site, including its entire contents, is protected by intellectual property law.

 

Any total or partial reproduction, modification or use of any of the rights referred to, in the preceding paragraph for any reason and on any medium, without the express and prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite set.

 

The Purchaser is also advised that the GSCs do not confer on the Purchaser, any intellectual property rights, models, patents, trademarks or other rights, held by the Seller.

 

2. –  Security

 

The details of the Buyer’s credit card are encrypted, using the Secure Socket Layer (SSL) protocol and never clear across the network. Payment is made directly to the Buyer’s bank, which has no access to these coordinates and does not keep them on its servers. This is why the Buyer’s bank details are requested for each new transaction on the Site.

 

We attach the utmost importance to the protection and security of our information systems. Tools have been put in place to allow us to detect potential safety vulnerabilities. These tools can incidentally lead to access personal data by our security teams. These data will be collected and processed for the sole purpose of managing these flaws and in compliance with applicable rules on the protection of personal data.

 

 

3. – IT regulations and liberties

 

 

The Seller declares and warrants to the Purchaser, that it is acting in full compliance with EU Regulation 2016/679 of April 27th 2016 on the protection of natural persons, with regard to the processing of personal data and the free movement of such data.

 

By creating an Account and/or placing an order on the Site, the Purchaser authorizes the collection, use and transfer of its personal data, as part of the legal provisions regarding the processing of personal data. The information provided by the Buyer, is for the Seller and is used for order processing and tracking, after-sales, marketing management and Customer relationship.

 

In accordance with the rules on the protection of personal data, the Buyer shall at all times have a right of access, opposition, correction, limitation and deletion of personal data concerning him, which would be the subject of processing and which would no longer be relevant. It also has a right to portability, a right of opposition in the use of data for commercial purposes, and a right to disclose the fate of its data after death.

 

 

These rights may be exercised at any time by confirming its identity:

 

  •        -           By mail sent to : BAP – Personal Data Service, 16, boulevard des Capucines, Building Edouard VII – 75009 Paris ;
  •        -           By email to: [email protected] ;

 

With regard to the information concerning the processing of personal data by the Seller, in particular the addressees of the data, the conditions of transfer, the duration of data retention, etc., the Seller invites the Buyer to consult its privacy policy.

 

 

4. –Professional liability insurance

 

Seller claims to have taken out professional property and casualty insurance with ALLIANZ IARD - 1 Course Michelet CS 30051 92076 Paris La Défense Cedex

 

 

  1.               X.  APPLICABLE LAW AND COMPETENT JURISDICTION

 

French law governs the present GSCs. In the event of difficulties, arising from the ordering or delivery of the Seller’s products, the Buyer must, in advance of any recourse to a mediator or any legal action, contact the Customer Service, by filling out the form available on the Site, in order to look for an amicable solution.

 

Dispute that would arise regarding the validity, interpretation and execution of these GSCs, is subject to mediation. The Buyer thus has the possibility, to use free of charge a consumer mediator, chosen from a list established by the Mediation Assessment and Review Board.

 

 

IN THE ABSENCE OF AN AMICABLE SETTLEMENT, THE DISPUTE WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.

 

*           *           *

 

 

 

 

 

 

 

 

                                                                                                                                   


 WITHDRAWAL FORM

           

Please complete and return this form only if you wish to withdraw from the contract, to the attention of:

BANDE A PART – Customer Service

16, boulevard des Capucines, Building Edouard VII

75009 Paris

 

Vous recevrez un courrier électronique d’accusé réception en retour.  Or via the “Contact Us” form available on the website http://bandeapart.com/ by providing the information specified in the box below.

 

 

FORMULAIRE DE RÉTRACTATION

 

  •                 •             I/We *] notify [*] by the present my/our [*] withdrawal of the sale of the property below
  •          •             Product____________________ [reference]_______________
  •          •             Ordered the[*]/received the[*] : ______________
  •          •             Name of the client(s)
  •          •             Address of the  client(s)
  •                                  •             Signature of the clients(s) (only in case of notification of this form on paper)
  •                                  •            

Date______________

 

 

[*] Line the useless mention.