23 October 2017
The section of the site https://bem-store.com (the "Site") devoted to electronic commerce is published by the company MOVE & DESIGN SARAL, a limited liability company with a share capital of 6.000 euros with its registered office in 1869, Chemin Saint Donat - 13100 Aix en Provence - France, registered with the RCS of Aix en Provence under number 813 877 982; telephone 04 42 21 14 70; intra-community VAT number FR 10 813 877 982 (hereinafter “BEM Store”). All orders on the Site are subject to these general conditions of sale. These are liable to be modified and updated, the conditions applicable to the ordering of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, except for mandatory provisions to the contrary such as those arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
1 - THE CUSTOMER
The customer of the Site must be a consumer, natural person of legal age and legally capable. He must reside in one of the following countries: Metropolitan France. The customer must, during his first order on the Site, open a customer account and fill out an order form specifying certain mandatory fields so that his order of products can be taken into account by BEM Store.
The information communicated to BEM Store as part of the opening of his account or during each of his orders must be complete, accurate and up-to-date. BEM Store may, if necessary, ask the customer for confirmation - by any means - of this information and its identity.
On the Site, BEM Store collects personal data. These data are necessary for the processing of the order and may be communicated in whole or in part to providers of BEM Store involved in the execution of the order.
The customer is informed that this same personal data is also collected by an organization in charge of the analysis of orders and the fight against fraud credit card.
In accordance with the law 78-17 6 January 1978 relating to computing, files and freedoms, the customer has a right to access, modify, rectify, oppose and delete data. personal information about him. To exercise this right, all you have to do is send an e-mail to: firstname.lastname@example.org
2 - THE PRODUCTS
The products offered for sale are on the one hand:
-Those described on the Site. The BEM Store site takes the greatest care and the greatest accuracy in the presentation and description of these products, within the limits of technique and in compliance with the best market standards. However, it is possible that non-substantial errors may appear on the Site, which the customer recognizes and accepts. In any event, in the event of non-compliance of the delivered product with its description on the Site, BEM Store undertakes to correct this error: the consumer can either exercise his right of withdrawal or implement the BEM Store compliance guarantee. If the products ordered are no longer available, BEM Store will inform the customer by email as soon as possible and will refund the price possibly invoiced by credit to the customer's bank card or gift voucher.
https://bem-store.com considère qu’en validant les conditions Générales de vente, le Client a dûment pris connaissance des conditions de cession des droits issus de « ses éventuelles Créations » et les accepte sans réserve. Si le Client transmet un motif personnel ou personnalise le produit en y ajoutant un texte, il assure à https://bem-store.com que le texte et/ ou le motif choisi sont exempts de droits de tiers. Dans le cas d’éventuelles violations des droits d’auteur, de la personnalité ou du droit, celles-ci incombent totalement au Client et celui-ci en assumera seul les éventuelles conséquences de droit. Si BEM Store était poursuivi de ce chef, le client s’engage à garantir BEM Store de toute condamnation qui pourrait en découler. Le Client assure également qu’il n’enfreint aucun autre droit de tiers en individualisant le produit.
3 - ORDERING PRODUCTS
Order taking on the Site is subject to compliance with the procedure set up by BEM Store concretized by a succession of different screens showing the steps that the customer must follow to validate his order.
The customer will have the opportunity, before finalizing his order, to check the details of it and its total price, and to correct any errors, before confirming it to express its acceptance.
Verification of the order:
BEM Store will be entitled, in order to fight against the parallel flow of products, to refuse any order exceeding the number of authorized products: 10 products and within a limit of two identical maximum products ordered.
BEM Store will also be entitled to refuse any order made by a customer with whom there is a dispute over the payment of a previous order as well as any order not in accordance with these terms and conditions of sale.
In these cases, BEM Store will inform the customer by telephone or by e-mail. If the customer fails to correct any items that are incorrect or contrary to these general conditions of sale with BEM Store, BEM Store reserves the right not to process the order.
The confirmation of the order:
Once the customer has validated his order, BEM Store acknowledges receipt without delay by e-mail sent to the address provided by the customer. To this end, the customer formally accepts the use of electronic mail for confirmation by BEM Store of the content of his order.
4 - PRICES AND PAYMENT TERMS
The prices displayed on the Site are indicated in Euros (France). Prices are inclusive of all taxes (TTC), excluding delivery costs. The prices invoiced to the customer are those in force on the date of the order.
The payment of the total price of the products and the expenses of delivery is carried out by credit card or by gift voucher.
For credit card payments, the customer must hold the credit card used. It accesses a dedicated space made available by a banking institution, which ensures the security and registration of the payment order.
For payments by gift card: The BEM Store gift card is valid on the internet. The gift card allows you to buy any product for sale on the BEM Store site. The gift card is credited with the amount of the buyer's choice. The card can be credited with a minimum amount of € 20 up to a maximum amount of € 100. Please note: e-gift cards do not appear in the "My account" section. If you have forgotten the balance, do not hesitate to contact our Customer Service.
The card is valid for a period of one year from the date of activation of the card. The gift card will not be taken back, exchanged or refunded, for any reason whatsoever (including theft, loss, destruction, deterioration or at the expiration of its period of validity). The gift card can be used in one or more times within the limit of the amount credited, in whole or in part. Any item purchased with a gift card cannot be refunded but may be exchanged or a credit note will be offered. The gift card is not personal. Its use is the responsibility of the beneficiary who bears it. The card can be used until its balance is exhausted and will not give rise to any refund of any kind on the unused balance. The gift card is non-reloadable. The terms of the gift card are provided by BEM Store. French law is applicable to it.
The customer is informed that, in order to fight against internet fraud, a check will be carried out with the competent banking establishments and organizations, questioned via the system of the company PAYPAL. This company will be responsible for the storage and automated processing of information relating to each order including bank card details in a secure environment. The customer is also informed that, as part of his order, the “Fraud Expert” solution is used in addition to the processing of remote payments, his personal data are processed, including the PAYPAL manager. , with the aim of preventing and combating fraud (determining a level of risk linked to a transaction, detecting and managing any resulting alerts, informing merchants for decision-making by them, "human" verification of transactions presenting a certain level of risk, modeling of the score). The collection of some of his personal data is mandatory for this purpose. Otherwise, his transaction could be delayed or made impossible, and his order canceled.
This data is intended for the authorized services of the PAYPAL entities involved in the present processing, and the merchant, as well as any third party whose intervention is necessary for the smooth running of the payment process and the operation of the services offered.
In addition, a fraud ultimately qualified as proven may result in the entry of certain personal data concerning the customer in a dedicated file implemented by PAYPAL, this file intended to keep a trace of previous proven fraud, in particular to feed the criteria for assessing the risks associated with transactions and the scoring models used for this purpose. An entry in this file could also have the consequence of attributing to the customer an aggravated risk during a next order with a merchant in the same sector of activity having chosen the Fraud Expert solution, and consequently possibly leading to a rejection of this order.
In the event that, for any reason (opposition, refusal of the issuing center ...), the debit of the sums due by the customer would be impossible, the order will not be recorded by BEM Store. BEM Store will be entitled to cancel any order when the IP address of the customer will be domiciled in a country different from the delivery address.
Availability: In the event of unavailability of a product after placing an order, the Customer will be informed by e-mail or by telephone. He will have the choice of requesting the refund of the sums, or the exchange of the product. The refund will be made within a maximum of 30 days.
5 - DELIVERY
Home delivery via DHL:
Delivery is made by BEM Store to the delivery address indicated by the customer, it being specified that this must be the address of residence of the customer or of any other natural person of his choice domiciled in the territory of metropolitan France. . The shipping method is DHL Express with tracking, delivered with or without signature or delivery to a Point Relais. Warning ! The relay point option is not available for all postal codes.
The Customer will have the possibility to follow his parcel thanks to the tracking number which will be communicated to him by email during the sending of the order. Your weekend orders are processed on Monday.
DHL delivery takes place, after preparation, within 3 to 5 working days (Monday to Saturday excluding public holidays).
In order to meet these deadlines, the customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access code , names and / or intercom numbers, etc.). Inaccurate information may result in additional delays in delivery or even redirection.
In the event that the customer would have to refuse delivery of his package, the shipping costs cannot be reimbursed.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer as soon as possible, these times being given for information only. However, if the Products ordered have not been delivered within thirty (30) days of placing the Order, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the Customer's written request under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Company cannot be held liable for delays in delivery and the consequences which may result therefrom. In the event that the package is returned to the Company, a second delivery will be made at the Customer's expense. If the package is returned to the sender again there will be no new shipment and the additional delivery costs will be deemed to have been acquired by the Company.
6 - THE RIGHT OF RETRACTION
The customer has a right of withdrawal which he can exercise, without having to justify reasons, within fourteen (14) clear days of receipt of the products ordered.
To simplify the exercise of the right of withdrawal, BEM Store asks customers to notify by email to the address email@example.com.
The validity period of the Credit is 6 maximum months from the date of its issue. The products must be returned in perfect condition, complete (accessories, manual, warranty ...) accompanied by a copy of the documents attached to the order, at the following address: BEM Store 1869, Road Saint Donat 13100 - Aix en Provence - France. The customer can select the carrier of his choice by requesting a shipment with tracking option and receipt against signature (no RAR).
Products returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be reimbursed. Return costs are not offered by BEM Store, the customer has the possibility of choosing the carrier of his choice for the return as well as the related risks are the responsibility of the customer. He is therefore recommended to provide proof of this return, which assumes that the products are returned with parcel tracking, or by any other means giving a certain date. Unless the customer has requested an exchange of the product or a credit note, the full refund of the invoiced price (initial delivery costs included) of the returned products will be made, by credit on the bank card or by check or on the gift voucher. used by the customer, at the latest within thirty days of the date on which the right of withdrawal was exercised. As part of an exchange (only) the return costs will be reimbursed to the customer in the form of a credit note on a flat-rate basis within 30 days, within the limit of a reimbursement of return costs per order (on the initial order). However, in the event of partial exercise of the right of withdrawal relating to only part of an order containing several products, BEM Store will not be able to reimburse all of the delivery costs initially invoiced to the customer. In addition, in the event of partial exercise of the right of withdrawal relating to only part of an order containing several products partially paid with a gift voucher, the reimbursement will first be made by a credit up to the value of the gift voucher, then, if the value of the returned item exceeds the value of the gift voucher by an additional refund on the credit card.
In case of abnormal or abusive returns, BEM Store reserves the right not to accept the return and to refuse a subsequent order.
Orders placed in guest mode can not be exchanged, only returns for refund are accepted.
On sale products, or present in the outlet section, the above conditions do not apply. Sale or outlet products are not refunded but they are exchanged upon receipt of their return for a BEM Store credit of an equivalent amount valid 6 months.
7 - GUARANTEES
Conformity :The customer is invited to ensure that the product delivered to him corresponds to his order. He may inform BEM Store by any means and, in particular, on the site in the “Contact Us” section of any duly justified non-conformity of a product with his order and, after informing BEM Store, return the product in question to perfect condition, complete (accessories, instructions, warranty ...) and accompanied by a copy of the documents attached to the order at the following address: BEM Store 1869, Chemin Saint Donat 13100 - Aix en Provence - France.
The customer will also have the possibility to contact the customer service by e-mail: firstname.lastname@example.org for any further information.
In the absence of a possible exchange of the returned product, reimbursement of the total price invoiced (price of non-compliant products and shipping costs) as well as return costs (within the limit of € 20) will be made, by credit to the card. bank, by check or on the customer's e-gift voucher, no later than thirty (30) days following receipt by BEM Store of the returned products.
Non obstat specific warranty conditions that may be delivered to the customer with the delivered product, the products of BEM Store sold on the Site are subject to the following legal guarantees:
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is responsible for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the property must:
1) Be fit for the usually expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect based on the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. "
Article L.211-12 Consumer Code: "The action resulting from lack of conformity is prescribed by two years from the delivery of the property. "
Article L.211-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law. "
Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have not gained, or would have given a lower price, had he known them. "
Article 1648 paragraph 1e of the Civil Code: "The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "