Terms and conditions
BEST OF BOTH WORLDS
SARL with capital of 5000 euros
Registered with the RCS of Melun under the number DE SIRET 844112516
Whose head office is located at 144 Rue Benjamin Delessert 77127 Lieusaint
1. Designation of the seller
This site is accessible at the internet address www.shop-franckpourcel.com, It is published by Shopify
BEST OF BOTH WORLDS customer service can be reached at the contact details indicated above.
2. General provisions relating to the General Conditions of Sale, hereinafter referred to as “the General Terms and Conditions”.
2.1 Purpose of the General Terms and Conditions:
The General Terms and Conditions apply exclusively to the online sale of SARL BEST OF BOTH WORLDS products on its sole merchant site www.shop-franckpourcel.com . They are written in French and in the event of doubt about the interpretation of a possible translation, only the original French version will prevail.
They constitute, with the order form validated by the consumer, the contractual documents enforceable against the parties.
2.2 Scope of application of the General Conditions of Sale
The General Terms and Conditions exclusively govern online sales contracts for products from SARL BEST OF BOTH WORLDS (hereinafter, “the seller”) to buyers who have the status of consumer (hereinafter, “the consumers”). Along with the order confirmation email, they constitute the only contractual document. Under no circumstances can they hinder the exercise of the right of withdrawal enjoyed by the consumer.
2.3 Availability and enforceability of the General Conditions of Sale
The General Terms and Conditions are made available to consumers on the website www.shop-franckpourcel.com
The consumer acknowledges having accepted all of the General Terms and Conditions without any reservation by validating the payment.
Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order. The conservation and reproduction of the T&Cs are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the General Terms and Conditions
The seller reserves the right to modify the General Terms and Conditions at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the day of the order.
2.5 Severability clause of the General Conditions of Sale
The possible nullity of one of the clauses of the T&Cs does not result in the nullity of the T&Cs as a whole, only the clause being deemed unwritten losing its effect.
The temporary or definitive inapplicability of one or more provisions of the clauses of the General Conditions of Sale by the seller cannot constitute a waiver on his part of the other clauses of the General Conditions of Sale, which continue to produce their effects, to his possible advantage.
The consumer who wishes to do so can obtain additional information on a product by making a request to the seller's customer service.
The products offered for sale on the site are each subject to a description mentioning their essential characteristics, in accordance with article L.111-1 of the Consumer Code.
The consumer who places an order in the possible absence of information on a product is deemed to accept it in the actual state in which it will be delivered to him.
Differences may exist, in particular but not exhaustively, as to the actual color of the product, its apparent material, the finishes (closures, buttons, seams etc.). The consumer cannot take advantage of a slight modification to request a refund or exchange of a product.
Product information is subject to typographical errors.
The products comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
4.1 Sales price
The sales prices are indicated for each of the products offered for sale on the site www.shop-franckpourcel.com , in euros, all taxes included, excluding delivery, transport and/or preparation costs. These possible additional costs are mentioned before order validation, and are invoiced additionally.
The total amount owed by the consumer for their order is indicated on the order confirmation page.
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after placing an order by the consumer, the selling price of the product is that in effect on the day the order is placed by the consumer.
Online sales offers are offered to all consumers located in mainland France and Corsica.
Online sales offers are valid while stocks last (unless specific duration is indicated).
Acceptance of the offer by the consumer is carried out in accordance with the double click process: the consumer clicks a first time to validate his basket, he is then invited to click a second time to validate the order summary presented to him. This second click then allows them to access the secure payment page.
6.1 Steps for concluding the online sales contract:
To place an order, the consumer must fill their virtual basket which collects the items they wish to order. To do this, he selects the desired product, indicates its size and color if applicable, the desired quantity, and then clicks on “add to cart”.
The customer is then redirected to a summary page of their choices which allows them to check their order, and possibly correct or modify it.
Once their choice is confirmed, they must click on the “validate order” button. This second click constitutes full and unreserved acceptance of the General Terms and Conditions and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must be such as to enable the seller and the carrier to carry out their obligations under the best conditions.
This includes, but is not limited to, the consumer's contact email address, their full delivery address, their last name, first name and telephone number.
The seller is released from all liability in the event of an entry error or partial or incomplete entry on the part of the consumer, without taking into account the guarantees for hidden defects or the commercial guarantee from which the consumer legally benefits.
6.2 Order modification
Any order modification by the consumer after confirmation is subject to the seller's acceptance and the availability of the requested products.
The modification request can only be taken into account before the order is prepared. The preparation time is generally 24 (twenty-four) hours, but it may be less and no guarantee can be given to the customer regarding this time.
The seller is not required to take into account a late modification request (received after preparation of the order).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is a dispute (ongoing, without a definitive solution).
In the event of refusal, the consumer is fully reimbursed within a reasonable time, and in any case less than 30 (thirty) days.
6.4 Unavailability of ordered products
In the event of unavailability of one or more products on an order, the seller informs the consumer within a reasonable time and offers him a product of equivalent quality and price. If the consumer wishes, they can be reimbursed or benefit from a credit that can be used on the site.
The sales contract is formed when the consumer double-clicks to validate their order.
The contract may be terminated by the seller in the following cases:
– Refusal of the consumer to take delivery of the ordered products,
– Resolution Return to the sender of the package due to the imprecision of the information provided,
– Non-payment of the price (without prejudice to possible proceedings against the consumer).
In all cases cited, other than the legal right of withdrawal, the amount of any deposits paid remains with the seller as compensation.
From receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify himself or pay a penalty.
Any return costs are the responsibility of the consumer.
To exercise this right, the consumer must complete and send the withdrawal form present at the end of these General Terms and Conditions to consumer service.
Following this request, the consumer is assigned a returns number.
The consumer returns the products without undue delay, if he wishes, accompanied by the return number in order to facilitate the processing of his request, to the seller:
BEST OF BOTH WORLDS
144 RUE BENJAMIN DELESSERT
The consumer is reimbursed within 14 (fourteen) days following the date of receipt of the products, provided that the products have arrived at the seller in their original packaging, complete, in perfect condition, with their label, unworn , unwashed, accompanied by the original invoice and return slip. A return which shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product weigh on the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In the event of a shipment delivered without signature not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.
Without this proof no refund can be made. No refund will be made if the returned product has not arrived at the seller.
This is why we strongly recommend that all consumers who want to make a return request registered delivery with a declaration of the value of the product and insurance, and delivery against signature.
Proof of delivery is then constituted by affixing the stamp of the company BEST OF BOTH WORLDS on the recommendation form or by the signature of the returns manager.
In accordance with article L. 612-1 of the Consumer Code, within one year of his or her written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, to
SAS Mediation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
The price is due in full after confirmation of the order.
Payment is made on an independent secure platform.
The consumer's banking information is not accessible to the seller. They do not pass through any of its servers. Only trusted third parties responsible for encryption process this information digitally to ensure perfect security of the transaction and optimal protection of banking data.
The provisions of article 1359 of the Civil Code are inapplicable to sales concluded remotely.
BEST OF BOTH WORLDS accepts cards from the CB, Visa, and Eurocard/Mastercard network issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited when their order is confirmed. To this end, he guarantees that he is the holder of the bank card to be debited and that the name appearing on it is indeed his own. The consumer must communicate the sixteen-digit number and the expiration date, appearing on the front of their bank card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back.
The seller undertakes to deliver the products to its carrier within 7 (seven) working days after receipt of full payment for the order. This deadline is extended to 10 (ten) working days for the following periods: winter and summer sales, “flash” sales and private sales operations, end-of-year holidays (from December 1 to January 10) .
Delivery delays cannot give rise to either the payment or claim for compensation from the seller in the event that such delay is either attributable to the consumer, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.
The products are delivered to the address indicated by the consumer on the order form.
The consumer who accepts a product without making reservations to the carrier accepts it as is. He is then deprived of any possibility of making a complaint regarding the delivery.
In the event of deterioration or partial loss of the product, the consumer must express reservations upon receipt on the delivery note, a duplicate of which is sent to the professional seller and, within 3 (three) days following this receipt, notify these reservations. to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must send a complaint to customer service with a view to obtaining a replacement of the product or possibly resolution of the sale.
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code .
Under these guarantees, the seller undertakes, at the consumer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS
144 RUE BENJAMIN DELESSERT
Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by BEST OF BOTH WORLDS customer service .
The consumer will be reimbursed for return postage costs no later than thirty days following receipt of the product by the seller.
12.1 Transfer of ownership and transfer of risks
The transfer of ownership of BEST OF BOTH WORLDS products to the benefit of the consumer will only take place after full payment of their price by the consumer.
The transfer of risks to the consumer, however, will only occur upon delivery, that is to say at the time of delivery of the BEST OF BOTH WORLDS products to the delivery address indicated by the consumer.
12.2 Exemption from liability
The seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the buyer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Proof of its obligation is provided by producing the parcel delivery statement to the carrier.
12.3 Defective product
In the event of damage caused by a defective product, the consumer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.
13. Termination clause
The cancellation of the order in the cases provided for in these General Terms and Conditions will be pronounced by registered letter with acknowledgment of receipt and will be acquired automatically without legal formality.
14. Intellectual property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All texts and images presented on the seller's online sales site are reserved, for the entire world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general conditions of sale.
Any reproduction and distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings for counterfeiting.
15. Dispute resolution
All complaints must be sent to the following address:
BEST OF BOTH WORLDS
144 RUE BENJAMIN DELESSERT
In the event that a dispute arises between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller in order to resolve the dispute, without the intervention of a third natural or legal person.
16. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site www.shop-franckpourcel.com for any dispute relating to these General Terms and Conditions, the competent court will be that of the seller's domicile.
17. Applicable law
The parties agree to resort to mediation to try to find an amicable solution to their dispute and to only take legal action if mediation fails.
These General Terms and Conditions are subject to French law.