GENERAL TERMS AND CONDITIONS OF SALE
PREAMBULE
Please read carefully these general terms and conditions of sale and general terms and conditions of use of the lesbasilesparis.com website.
1 - Vendor identification
These General Terms and Conditions of Sale are those of BASILES SAS, a société anonyme par actions simplifiée (simplified joint stock company) with a capital of 35,000 euros, registered with the Registre du Commerce et des Sociétés de Paris under no. 881 698 187, whose intra-community VAT number is FR 21881698187 and whose registered office is located at
37 Rue de Chaillot 75016 Paris, France.
Its telephone number is +33 (0)9 62 55 76 26.
2 - Scope and acceptance of the General Terms and Conditions of Sale
The purchase of Products offered on the www.lesbasilesparis.com/ website (hereinafter the "Site") is subject to the Site's general terms and conditions of sale
(hereinafter the "Terms and Conditions").
LES BASILES Products (hereinafter the "Products") are exclusively intended for sale to end consumers who are natural persons or non-professional legal entities (hereinafter the "Customers"), to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that it is acting as an end consumer and does not intend to resell the Products for commercial purposes.
LES BASILES may update these GTC at any time.
The Customer may view the current version of the GTC at any time by clicking on the link
https://www.lesbasilesparis.com/copie-de-conseils-d-entretien.
The General Terms and Conditions in force at the time of the conclusion of the sales contract are those which are enforceable against the Customer.
In addition, for each purchase of Products on the Site, the Customer will be asked to confirm acceptance of the present GTCS in force on the date the order is placed. The aforementioned GCS can be viewed when the Customer is asked to confirm acceptance. To confirm acceptance, the Customer must tick the box "I have read and accept the lesbasilesparis.com General Terms and Conditions of Sale".
3 - Order Terms
Any order placed on the Site implies express acceptance of the GCS and acceptance of the prices and Products available for sale on the Site.
* Order process
Customers wishing to place an order must follow the following procedure:
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1. Product selection: the Customer must select the Product he/she wishes to order.
2. Checking the contents of the customer's selection: the customer checks the contents of his basket, while retaining the option of deleting the Products he has selected.
3. Identification: the Customer must create an account by filling in the identification form provided and providing the information requested.
(mandatory information: title, surname, first name or company name, address, e-mail, password, telephone number for delivery).
4. Checking the customer's order: the customer checks the contents of his order, the total price, the delivery and billing addresses, while retaining the possibility of deleting a Product or modifying the billing and delivery address. The customer confirms the delivery and payment method. The Customer must confirm acceptance of these GTS by ticking the appropriate box. The order can only be validated once this box has been ticked.
After this step, the Customer cannot modify and/or cancel the order.
5. Acknowledgement of receipt of order: the Customer receives an e-mail summarizing the contents of his order, namely :
- delivery and billing addresses
- order number
- the order date
- the list of Products ordered and their amounts
- the delivery method (address provided by the Customer or "point Relay").
Customers are advised to keep and print out this document, which serves as official proof of their order. The order is then recorded and processed by BASILES, which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
6. Confirmation of order dispatch: the customer receives an e-mail summarizing the contents of the order and confirming dispatch. The contract is deemed to have been concluded on the date this e-mail is sent.
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* Order tracking
A carrier tracking number is communicated to the customer when the order is validated.
If the Customer wishes to obtain information concerning the tracking of his order, he may connect to the website of the carrier chosen by LES BASILES, e.g. Colissimo, and follow the progress of his parcel directly.
LES BASILES, e.g. Colissimo, at www.laposte.fr/colissimo, and follow the progress of their order directly. In addition, the Customer receives information by e-mail concerning the various stages in the processing and preparation of his order until it is dispatched.
4 - Product availability
LES BASILES' offers of Products and prices are valid as long as they are visible on the Site, within the limit of available stocks.
Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers.
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In the event that a Product is unavailable after an order has been placed, LES BASILES will inform the Customer by e-mail or telephone as soon as possible, offering the Customer either to order another Product presented on the Site as a replacement, or to cancel the order free of charge.
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LES BASILES shall not be held liable in case of stock shortage or unavailability of Products for orders not yet accepted by LES BASILES.
LES BASILES reserves the right to change the Products offered on the Site at any time and without notice.
In order to ensure a better quality of service and availability of its Products to all Customers of the Site, LES BASILES reserves the right to limit the quantity of Products that may be purchased by a Customer, in accordance with the provisions applicable in this respect and in particular those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, notably due to technical limitations in rendering colors on the Customer's computer equipment.
Consequently, LES BASILES cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products shown on the Site.
LES BASILES reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if LES BASILES reasonably believes that the Customer has violated these GTC or engaged in fraudulent activity, or for any other legitimate reason.
5 - Price
Product prices are quoted in Euros, with the option of payment in US Dollar, Pound Sterling, Yen, Won, (based on a daily conversion via the converter used for the Site), all taxes included and excluding any customs duties for orders outside the EU, which remain the responsibility of the Customer.
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Except in the case of reimbursements made (i) when exercising the right of withdrawal or (ii) for lack of conformity or latent defects, LES BASILES will not reimburse the VAT applied to purchases made on the Site (even in the case where the purchaser, after receipt, ships the Products back to a country outside the European Union).
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LES BASILES reserves the right to modify the prices of the Products offered on the Site at any time and without prior notice.The Products are invoiced on the basis of the prices displayed on the Site at the time the order is placed, subject to availability of the Products ordered at that time.
All orders are payable in Euros and must be paid immediately upon placing the order.
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In the event of unavailability of certain Products ordered (see article 4 "Product availability"), only the price and shipping costs relating to the Products available will be debited.
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*Payment methods
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By credit card (Visa, CB, Mastercard, American Express): Payment is made via the secure site of LES BASILES' banking partner.
The order will be registered and validated as soon as the bank accepts the payment.
6 - Reservation of ownership
The Products ordered remain the property of LES BASILES until full payment has been received by LES BASILES. However, the Customer assumes all risks
(notably of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.
7 - Delivery terms
Preparation and shipping costs depend on the country and the total amount of the order. They will be detailed on the invoice.
LES BASILES cannot be held responsible for any actions and/or fees and/or taxes (which are the responsibility of the Customer) and/or delays due to customs services over which it has no control.
For all Products, the order is prepared for dispatch from LES BASILES warehouses within a maximum of 3 working days (subject to stock availability and except for the particular case of Products sold "pre-ordered" or "semi-customized" for which the specific estimated delivery time is indicated on the order form) from the date of confirmation of the order by e-mail. The average time between placing an order and delivery is 5 to 10 working days. This is an average delivery time.
As an exception to the delivery times indicated above, "pre-order" and "semi-custom" operations may be subject to longer delivery times. In this case, the estimated lead times for "pre-order" operations may be 3 to 9 months from the order date, as duly indicated in the purchasing process. "Semi-custom" operations require 15 to 20 working days from the order date for shirt items, and 30 to 45 working days for sleeved items (jackets, blazers, coats).
If the estimated delivery time is exceeded, the order may not be cancelled, the price paid by the purchaser may not be reduced, and no payment may be made for damages. However, in certain special cases (e.g. products marketed as "pre-orders"), the delivery times indicated above may be longer. However, if delivery is not made within 30 days of the estimated maximum delivery date, the customer may cancel the order at no charge. The sums paid will then be reimbursed. In cases where LES BASILES is able to do so, LES BASILES reserves the right to offer the Customer a Product of equivalent quality and price to the initial Product.
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If the order reaches a certain volume, LES BASILES may send them to the Customer in several deliveries and/or several packages.
In general, all packages are sent via Colissimo. A delivery note for signature is enclosed with the parcel. It is advisable to keep a duplicate copy, as it will serve as proof of delivery.
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The Customer must check the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. He/she must indicate any anomaly concerning the delivery (damaged Product, etc.) on this delivery note, in the form of handwritten reservations accompanied by his/her signature. This verification is considered to have been carried out once the Customer, or a person of his/her choice, has signed the delivery note. No complaint concerning the condition of the parcel(s) delivered will then be accepted. In the event of reservations about the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days of receipt of the item(s) and send a copy of this letter to LES BASILES by email to contact@basilesparis.com with confirmation by registered letter with acknowledgement of receipt to the customer service department at the following address Société BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE.
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In the event of an incomplete address, incorrect address, refusal of the parcel by the recipient or lack of information leading to the impossibility of delivering the Product to the recipient in due time, LES BASILES cannot be held responsible for the final quality of this delivery. If this lack of information results in a second presentation to the addressee, BASILES will be entitled to charge the Customer the costs corresponding to this second delivery. The customer is subject to the carrier's general conditions of delivery which, in certain cases, if not adhered to, may affect the quality of the delivery.
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Thus, in case of absence of the recipient, according to the carrier's general terms of delivery, the product may be presented again and/or deposited in an agreed relay point and/or in front of the Customer's home and/or in a carrier's "sorting - waiting" center and/or returned to LES BASILES which cannot be held responsible for any theft, loss, damage to the Products in connection with their delivery and, in general, for the final quality of the delivery.
In the event that delivery is impossible and the Product is returned to LES BASILES by the carrier, LES BASILES will not make a new delivery.
Any complaint concerning the delivery of the Products must be made within 14 working days following receipt of the item(s) under the same conditions as mentioned above. If it is decided that the Product(s) must be returned to BASILES, they must be returned in their original condition (packaging, accessories...) and according to the following shipping conditions.
The customer must first contact customer service at contact@basilesparis.com in order to obtain a returns number to be noted on the "Returns Form" enclosed with the order, as well as any shipping details. No parcel will be accepted without a returns number. This number must be legibly written in marker on the parcel. The Product must be returned to BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE.
8 - Right of cancellation
In accordance with Articles L. 121-16 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the product purchased on the Site to notify customer service of the desire to return the Product.
For all returns, the customer must i) use the returns form enclosed in the delivery package or ii) contact customer service at contact@basilesparis.com to inform them of their decision to exercise their right of withdrawal. Any parcel returned after the deadline will be refused and returned to sender.
Packages returned by cash on delivery will not be accepted for any reason whatsoever. Costs and risks associated with returning Products are the responsibility of the sender. For customer service to accept an exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, unworn, with all accessories and a copy of the purchase invoice to BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE.
The Customer will not be required to justify any reasons or pay any penalties, with the exception of return shipping costs.
LES BASILES cannot be held responsible for the loss, theft or damage of the parcel.
Packages for which identification of the Customer (surname, first name, address and return code) is not possible will be refused.
All returns must be made by a traceable method (return slip slipped into the delivery box) and the tracking number must be communicated to LES BASILES.
Upon receipt of the returned Product by the Customer, the customer service will send by email a confirmation of receipt of the Product.
LES BASILES, in case of regular exercise of this right by the Customer, will reimburse to the Customer the sums paid by him corresponding to the acquisition of the returned Product(s) (thus excluding any customs charges), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed to the Customer.
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LES BASILES undertakes to reimburse the cost of standard delivery including parcel tracking. To this end, the delivery invoice indicating the tracking number should be inserted in the return package.
9 - Legal warranties
Products sold by LES BASILES are subject to the legal warranties stipulated in articles L.217-4 to L.217-14 of the French Consumer Code and articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
LES BASILES will not accept any claim concerning Products that have been used inappropriately.
Any complaint concerning the Products as such and unrelated to the delivery must be made by email to contact@basilesparis.com followed by written confirmation sent by registered letter with acknowledgement of receipt to the customer service department at the following address:
Société BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE.
*Legal Warranty of Conformity:
LES BASILES will deliver to the Customer a Product in conformity with the contract and free from defects of conformity at the time of delivery of said Product, in the sense that the Product will be fit for the use usually expected of a similar good and that it will present the characteristics presented at the time of sale. LES BASILES shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility.
* Legal warranty against hidden defects:
LES BASILES will deliver to the Customer a Product free from latent defects which would render it unfit for the use for which it is intended, or which so diminish this use, that he would not have acquired it, or would only have given a lesser price for it, if he had known about them.
These warranties will only come into play if the Customer makes the request within 24 months of delivery of the Product (for the legal warranty of conformity) or of discovery of the defect (for the legal warranty of latent defects).
Defects of conformity which appear within 24 months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
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In the event of a recognized non-conformity of a Product sold by LES BASILES, the Customer may choose between repairing or replacing the Product, unless one of these choices would entail a manifestly disproportionate cost for LES BASILES. If repair or replacement of the Product is impossible, the Customer may obtain a refund of the price paid and return the Product or keep the Product and obtain a refund of part of the price, unless the lack of conformity is minor.
In the event of a latent defect recognized in a Product sold by LES BASILES, the Customer will have the choice of returning the Product and having the price and costs of the sale refunded, or keeping the Product and having part of the price refunded.
In all cases, it is the Customer's responsibility to prove that he meets the warranty conditions.
The return, replacement or refund of the Product will be free of charge for the Customer and does not preclude the possible awarding of damages in the event that the Customer is entitled thereto.
In case of lack of conformity and/or hidden defects recognized by LES BASILES, if it is decided to return the Product, the Customer must send it to the following address:
Société BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE. The Customer must have previously obtained a returns number from the customer service department contacted via e-mail: contact@basilesparis.com, as well as any details relating to shipping. No parcel will be accepted without a returns number. This number must be legibly written in marker on the parcel.
10 - After-sales service and availability of spare parts
All technically repairable products benefit from a fee-based after-sales service. For any repair request, the customer must contact customer service directly by e-mail: contact@basilesparis.com .
In accordance with article L 111-3 al 1 of the French Consumer Code, BASILES confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. BASILES will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
11 - Limitation de responsabilité
LES BASILES cannot be held liable for any damage that does not result from a breach by LES BASILES of one of its obligations.
12 - Personal data
When the Customer registers on the Website www.lesbasilesparis.com, LES BASILES collects his personal information (personal data, e-mail address, gender...) through the registration form in order to offer him the services accessible in the reserved access areas of LES BASILES. The provision of personal information is essential for the processing and delivery of orders.
The ordering process on the Website www.lesbasilesparis.com requires the creation of a Customer account in which the Customer's information is stored and protected by a password chosen by the Customer. This information is strictly confidential and is intended exclusively for LES BASILES. It will be processed in strict compliance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978 and Regulation (EU) 2016/679, the General Data Protection Regulation.
In this respect, LES BASILES undertakes in particular to (i) guarantee the confidentiality of personal data processed in the context of the present contract by implementing appropriate security measures in its field of activity, (ii) ensure that the persons authorized to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that any subcontractors comply with legal obligations on behalf of and in accordance with the instructions of LES BASILES.
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At any time, the Customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, he/she may send a request to LES BASILES by e-mail to contact@basilesparis.com or by post to the following address:
Société BASILES SAS - 37 Rue de Chaillot 75016 Paris / FRANCE.
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Subject to validation by an "opt-in" from the customer, personal information (personal data, e-mail address, gender, etc.) may also be used by LES BASILES and/or its partners for commercial purposes such as sending newsletters or solicitations.
The Site uses cookies to better meet and personalize the needs of the Customer. The purpose of a cookie is to indicate that you have visited the Site.
LES BASILES' personal data management policy is available on the Site.
13 - Intellectual property
All documents, information, texts, graphics, images, photographs or any other content published on the www.lesbasilesparis.com website are the exclusive property of LES BASILES. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorization of the publication director.
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LES BASILES is the owner of all intellectual property rights (with the exception of the moral rights of the authors) pertaining to the Products and to the brands and distinctive signs under which the Products are marketed.
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The Customer unreservedly recognizes LES BASILES' intellectual property as such and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and the trademarks belonging to LES BASILES.
14 - Force majeure
"Force majeure" means all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering a force majeure event.
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In the event that LES BASILES is prevented or delayed in the performance of its obligations by a case of force majeure, LES BASILES undertakes to inform the Customer within 96 hours, specifying the precise elements constituting the force majeure and the reasonably foreseeable duration of the delay or impediment.
LES BASILES will then be released from any liability related to the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay. In such a case of force majeure, LES BASILES may, at its sole discretion, cancel the order or any part thereof, without incurring any liability, but will reimburse the Customer for any sums already paid. Under no circumstances may the Customer invoke a case of force majeure to free himself, even temporarily, from an obligation to pay a sum of money.
15 - Applicable law - Disputes
Les présentes Conditions Générales de Vente sont régies et interprétées conformément au droit français. La langue du présent contrat est la langue française.
En cas de litige les tribunaux français seront seuls compétents. Toutefois, en application du Règlement CE 593/2008 du 17 juin 2008, les présentes CGV ne font pas obstacles à l’application d’une disposition plus favorable au Client, à laquelle il ne peut être dérogé par accord, et ce en vertu de la loi du pays où le Client a sa résidence habituelle.
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In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to article L.612-2 of the French Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr tab "vous êtes : un consommateur" (ii) send his request by ordinary or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed promptly: his postal, email and telephone contact details as well as the full name and address of BASILES, a succinct statement of the facts, and proof of prior steps taken with LES BASILES.
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Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012 :
- the Customer may bring the matter either before the court of his domicile, or before the French courts,
- BASILES may bring the matter before the court of the Customer's place of residence.