ARTICLE 1 - Field of application
The Website www.bachaa.com (hereinafter the "Website") is published and operated by the company BACHAA CREATION, a French SAS company with a share capital of 20,000 euros, with a registered office situated 231, Rue Saint-Honoré 75001 PARIS, France, registered with the Paris Company and Trade register under no. 852 408 178, with an intra-community VAT no. FR63852408178 (hereinafter “BACHAA CREATION” or the “Company”).
The present general conditions of sale (hereinafter the “T&C”) apply to all the orders placed with the BACHAA CREATION company for the whole of the articles and services proposed by the www.bachaa.com site by natural persons not business persons (hereinafter the “Customer”).
ARTICLE 2 - Acceptance of the General Terms and Conditions by the Customer
The T&C detailed below can be accessed at any times on the Website.
The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction".
BACHAA CREATION reserves the right to adapt or modify the T&C at any time. The version of the Terms and Conditions of Sale applicable to any transaction is the T&C published at the date of the order.
ARTICLE 3 - Products offered for sale
The products offered for sale are those described and available on the Website, within the limit of available product stock.
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by BACHAA CREATION are presented with the greatest possible accuracy. The company BACHAA CREATION shall assume no liability in the case of manifest error between the features of the products and their representation.
The products comply with the French laws and regulations relating to safety and health, faire trading and consumer protection that are in force at the time the products were placed on the market (article L. 411-1 of the French consumer code).
ARTICLE 4 - Order
The Customer declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
All the steps necessary for the sale are specified on the website www.bachaa.com in accordance with Article 1369-1 of the French Civil Code.
Pursuant to Article 1369-4 of the French Civil Code, the customer has the opportunity, prior to definitively validating its order, to verify the details of the order and the total price, and to correct any possible errors before confirming the order so as to express its acceptance thereof. From the time the customer has validated its order, BACHAA CREATION shall acknowledge receipt thereof immediately and electronically.
Confirmation of the order by the client implies the acceptance of all provisions of T&C, the Products purchased, their price and the associated costs.
An email is automatically sent to the customer in order to confirm the order. The invoices are available in the 'my account' section.
BACHAA CREATION reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
The Customer must ensure the accuracy and completeness of the data provided. If an error occurs relating to the recipient address, BACHAA CREATION shall not be held liable in case of any inability to deliver the products ordered and all the expenses engaged for resending will be the responsibility of the Customer.
ARTICLE 5 - Price
Prices are mentioned in the Website in Euros.
The prices take into account the French VAT applicable on the day. Any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However, the prices cannot be modified once the Customer has placed his order.
The prices do not take account of delivery charges. The delivery charges are indicated before the final confirmation of the order.
If the order is sent to countries outside the European Union, the price shall be automatically calculated excluding taxes on the invoice. Orders placed on the Website and delivered outside metropolitan France may be subject to custom duties and other relevant taxes, imposed when the parcel reaches its destination, the Client being the importer of the product.
These custom duties and taxes in connection with the delivery of the product shall be paid by the Client and are its sole responsibility. BACHAA CREATION has no obligation to verify and inform the Client on the applicable custom duties and taxes. The Client is encouraged to inquire this point with the relevant authorities of his/her country.
BACHAA CREATION reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
ARTICLE 6 - Terms of payment
The products are payable on the day of the order.
The Customer can pay his order online by bank card (Carte Bleue, Visa and Eurocard / MasterCard) by Paypal and gift card.
In order to ensure the safety and confidentiality of data transmitted online, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of the banking co-ordinates during their transmission on the Internet.
Only the French bank of BACHAA CREATION, CIC, receives the banking information provided on the site at the time of the payment.
Orders confirmed by the Client shall be considered as accepted only after all amounts due are actually received by BACHAA CREATION. In the event of a refusal by a bank, BACHAA CREATION reserves the right to cancel the Client’s ongoing order.
ARTICLE 7 - Shipping and Delivery
BACHAA CREATION will do its utmost to treat and dispatch any order received within a period of between 2 and 5 business days for a delivery in metropolitan France or between 2 and 8 business days for a delivery in all other countries. However, the preparation and processing time of an order may be a little longer than usual, especially after the launch of a new collection or due to a significant increase of the orders volume.
Deliveries are carried out Monday to Friday by COLISSIMO in France and by DHL GO GREEN in all over countries.
Delivery prices applicable to the Order are those indicated on the Website at the time of validating the order.
Delivery times depend on the delivery method chosen by the customer and his place of residence. They are indicated at the time of validating the order.
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact BACHAA CREATION Customer Services by email in order to create a file of contention or start an investigation to carry out a search for the parcel.
The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery operates at the time of the transfer of the product’s physical possession to the client.
It is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as BACHAA CREATION of any anomaly. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by BACHAA CREATION.
The products are delivered to the delivery address indicated by the Customer during the ordering process. If an error occurs relating to the recipient address, BACHAA CREATION shall not be held liable in case of any inability to deliver the products ordered and all the expenses engaged for resending will be the responsibility of the Customer.
ARTICLE 8 - Right of Withdrawal
In accordance with the provisions of Articles L.221-16 and following of the Consumer Code, any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the following withdrawal form by email at firstname.lastname@example.org or by mail at BACHAA CREATION - Customer Service – 35 Rue Albert 75013 PARIS :
I hereby notify that I withdraw my order for the following Bachaā products:
Ordered on(*)/Received on (*) ….…………………………………………………………………………………………………………
Name of the Client: ……………………………………………………………………………………………………………………………..
Address of the Client: …………………………………………………………………………………………………………………………..
Signature of the Client (if notification by paper):..………………………………………………………
(*) Please delete as appropriate.
The return costs are the responsibility of the customer, who is free to choose the shipping method.
The return is made at the risk of the Customer. It will be up to the customer to keep any proof of return.
The product shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed. The product can no longer be returned if the hang tag is removed.
The right of withdrawal cannot either be exercised for goods that were manufactured according to the Client specifications or that are clearly personalized.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, BACHAA CREATION cannot proceed to refund the products in question.
Refunds shall be processed within fourteen (14) business days after the reception of the products by BACHAA CREATION by the same means of payment as used by the Customer for the initial transaction, or if the Client choses otherwise, as a credit note, subject to the receipt of the Products.
ARTICLE 9 - legal warranties
All products sold on the Website are subject to the legal warranty of conformity (Articles L. 217-4 and seq. of the French consumer code) and to the warranty against hidden defects (Articles 16471 and seq. of the French civil code):
Legal warranty of conformity
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
Implementation of the guarantee
The Buyer shall implement these guarantees by informing BACHAA CREATION of the lack of conformity or the hidden defect by sending an email to customer services at the following address: email@example.com.
In the event of lack of conformity, the Customer benefits from a two-year period, as from delivery of the Product, to take action. He can choose between repair or replacement of the product, subject to the cost conditions specified in Article L. 217-9 of the Consumer Code. He is not required to prove the existence of a defect in conformity when the Product is delivered, for twenty-four months following delivery of the product.
If the products cannot be exchanged and if the Client refuses to receive a credit note, the refund shall be carried out by credit on the bank account of the Client, no later than fourteen days after receipt by BACHAA CREATION of the returned products.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
In the event of implementation of the warranty against hidden defects, the Customer benefits from a period of two years as from discovery of the hidden defect to take action. He can choose between cancellation of the sale or a reduction in the price.
In any case, BACHAA CREATION cannot be held liable for defects resulting from improper use of the product by the Buyer, normal wear and tear of a product, inadequate maintenance or alteration of the product by the Buyer.
ARTICLE 10 - Personal data
BACHAA CREATION may collate and process certain personal information in relation to users (name, email address, postal address, telephone number, etc.).
Providing personal data in the context of remote sales is obligatory as this information is necessary for the processing and delivery or orders and issuing of bills.
This information is strictly confidential. The data collected from the Client on the Website are intended for the exclusive use of BACHAA CREATION.
In accordance with the Data Protection Act of 6 January 1978, the Client has at any time a right of access, modification, rectification and deletion of personal data collected on him/her.
The Customer is able to exercise their right of access by going to the « GDPR Peronnal Data » section located in the « My account » space or by sendin an email at the following address: firstname.lastname@example.org.
ARTICLE 11 - Cookies
Visitors are informed and accept that during their visit to the www.bachaa.com website, a cookie may be installed on their computer hardware. The cookie is used to identify the visitor and save their actions on the www.bachaa.com website. This most notably means that customers who return to the www.bachaa.com website are automatically connected to their Loyalty space and do not need to re-enter their contact details when ordering. The user's internet browser settings can be used to refuse cookie installation.
ARTICLE 12 Web tags
Certain pages on the website may contain electronic images or "web tags" which enable us to count the number of visitors to the page or Website, and/or provide BACHAA CREATION with a certain number of indicators.
These web tags can be used in order to measure and improve the Website efficacy.
The information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on visits to certain Website.
ARTICLE 13 - Intellectual Property
All elements (including: brands, logos, texts, illustrations, graphic charter, images, photographs, films, product models…) reproduced or represented on the Website are the exclusive property of the companies of BACHAA CREATION.
Any unauthorised reproduction, copy or use, including partial, of these elements by any third party is strictly forbidden and may give rise to prosecution based on the provisions of the Intellectual Property Code.
ARTICLE 14 - Liability
BACHAA CREATION shall not be held liable for any damage, loss or alteration of data, or any loss of profit, revenue or any other indirect, consequential or incidental damage caused to visitors due to incorrect operation of the www.bachaa.com website, for whatever reason.
BACHAA CREATION cannot be held liable for the full or partial failure to fulfil an agreement entered into with the customer in the event of force majeure, the occurrence of an event attributable to the customer or any other unforeseeable and insurmountable event. BACHAA CREATION cannot be blamed for any inconvenience or damages due to using the internet, namely in the event of an interruption of the system, or any outside interference or the presence of viruses.
ARTILCE 15 - Validity of these General Terms and Conditions
If any of the provisions of these General Terms and Conditions is held to be invalid or unenforceable, in whole or in part, the other provisions and the other rights and obligations derived from these General Terms and Conditions shall remain unchanged and in force, unless said provision is a crucial term without which one of the Parties would not have entered into the contract.
ARTICLE 16 - Applicable law
These general terms of sale are governed by the French law. The language of these General Terms and Conditions is French.
ARTICLE 17 - Litigation
In the event of a dispute arising out of or in connection with these General Terms and Conditions, the Client shall first contact BACHAA CREATION customer service at the following email address : email@example.com.
In case of failure of an amicable settlement, the Client can, before taking any legal action, seek an out of court settlement for all disputes arising out of or in connection with the contract by resorting to a consumer mediator on the dispute resolution platform of the European Commission accessible through the following address: https://ec.europa.eu/consumers/odr/
In the absence of an amicable solution, the dispute will fall under the exclusive jurisdiction of the competent French Court.