Terms and Conditions
This is a formal translation of your General Terms and Conditions (GTC) and Legal Notice. I have used standard legal and e-commerce terminology suitable for an English-speaking audience while maintaining the specific references to French law.
PREAMBLE
The website baccaris.net is managed by BACCARIS SAS, a simplified joint-stock company (société par actions simplifiée) with a share capital of €1,000, whose registered office is located at 3 rue de Nantes, 75019 Paris, France.
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Paris Trade and Companies Register (RCS) No: 933 319 766
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VAT Number: FR87933319766
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Telephone: +33 6 17 17 03 79
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Email address: contact@baccaris.fr
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General Terms and Conditions of Sale for products sold on baccaris.fr
Article 1 - Subject Matter
These terms and conditions govern the sale of designer furniture and decorative objects by BACCARIS SAS, located at 3 rue de Nantes, 75019 Paris.
Article 2 - Price
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. All orders, regardless of their origin, are payable in euros. BACCARIS SAS reserves the right to modify its prices at any time, but the product will be invoiced based on the rate in effect at the time of order validation, subject to availability. Products remain the property of BACCARIS SAS until full payment of the price has been received. As soon as you take physical possession of the ordered products, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can place orders on our website: baccaris.fr Contractual information is presented in French and will be subject to confirmation at the latest at the time of your order validation. BACCARIS SAS reserves the right not to record a payment and not to confirm an order for any reason whatsoever, particularly in the event of supply problems or difficulties concerning the received order.
Article 4 - Order Validation
Any order appearing on the baccaris.fr website implies adherence to these General Terms and Conditions. Any order confirmation entails your full and complete adherence to these general terms of sale, without exception or reserve. All data provided and the recorded confirmation shall constitute proof of the transaction. You declare that you have full knowledge of this. The order confirmation will constitute a signature and acceptance of the operations carried out. A summary of your order information and these General Terms and Conditions will be sent to you via the confirmation email address of your order.
Article 5 - Payment
Validating your order implies an obligation for you to pay the price indicated. Payment for your purchases is made by credit/debit card via the secure STRIPE system. No banking details are stored on baccaris.net. The card is debited at the time the order is validated.
Article 6 - Right of Withdrawal
In accordance with the provisions of Article L.121-21 of the French Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty. Returns must be made in their original and complete condition (packaging, accessories, instructions). In this context, you are liable. Any damage suffered by the product on this occasion may defeat the right of withdrawal. Return shipping costs are at your expense. In the event of exercise of the right of withdrawal, BACCARIS SAS will refund the sums paid within 14 days following the notification of your request, via the same means of payment as used for the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL In accordance with the provisions of Article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to:
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The provision of services fully executed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal.
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The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control.
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The supply of goods made to the consumer's specifications or clearly personalized.
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The supply of goods likely to deteriorate or expire rapidly.
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The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
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The supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
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The supply of digital content not provided on a tangible medium whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal.
Article 7 - Availability
Our products are offered as long as they are visible on the baccaris.net site and within the limit of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers. In case of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically cancelled.
Article 8 - Delivery
Products are delivered to the delivery address indicated during the ordering process, within 3 to 8 working days. Delivery rates are:
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France: €6.90 (incl. VAT)
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Europe: €25.00 (incl. VAT)
In the event of a shipping delay, an email will be sent to you to inform you of any potential consequence on the delivery time indicated. In accordance with legal provisions, in the event of late delivery, you have the option to cancel the order under the terms defined in Article L 138-2 of the French Consumer Code.
Article 9 - Warranty
All our products benefit from the legal warranty of conformity and the warranty against hidden defects, provided by Articles 1641 and following of the French Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged, or refunded. All claims, requests for exchange or refund must be made by email via contact@baccaris.fr. Products must be returned to us in the state in which you received them with all elements. Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of receipts.
Article 10 - Liability
The products offered comply with current French legislation. BACCARIS SAS cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products or services you plan to order. Furthermore, BACCARIS SAS cannot be held liable for damages resulting from misuse of the purchased product.
Article 11 - Applicable Law in Case of Disputes
The language of this contract is French. These terms of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 12 - Intellectual Property
All elements of the baccaris.fr site are and remain the exclusive intellectual property of BACCARIS SAS. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual, or sound.
Article 13 - Personal Data
BACCARIS SAS reserves the right to collect nominative information and personal data concerning you. They are necessary for managing your order, as well as improving the services and information we send you. In accordance with the law of January 6, 1978, you have a right of access, rectification, and opposition to personal information and data concerning you, directly on the website.
LEGAL INFORMATION
The information below is provided in application of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy (LCEN). Accessing and browsing the Site baccaris.fr implies unconditional acceptance by any user of all the terms and conditions below.
The BACCARIS.FR Site The site BACCARIS.FR is published by BACCARIS SAS. BACCARIS SAS 3 rue de Nantes 75019 PARIS, FRANCE
Legal information
LEGAL INFORMATION
The information and notices below are provided pursuant to Law No. 2004-575 of June 21, 2004, regarding confidence in the digital economy (LCEN). Accessing and browsing the Website baccaris.fr implies the unconditional acceptance by every user of all the terms and conditions set forth below.
1. The BACCARIS.FR Website
The website BACCARIS.FR is published by the company BACCARIS SAS.
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BACCARIS SAS
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Address: 3, rue de Nantes, 75019 PARIS
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Legal Form: Simplified Joint-Stock Company (Société par Actions Simplifiée) with a share capital of €1,000.
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Registration: Registered with the Paris Trade and Companies Register (RCS) under number 933 319 766.
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Intra-community VAT No: FR87933319766
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Publication Director: Jean-Edouard CISTACQ, President.
Hosting:
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Squarespace, INC
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459 Broadway, New York, NY 10013 - USA
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Tel: +1 646.580.3456
2. Intellectual Property
All elements of the baccaris.fr website are and remain the exclusive intellectual property of baccaris.fr. No person is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual, or sound. Any simple link or hypertext link is strictly prohibited without written agreement from baccaris.fr.
Baccaris.fr may contain links to other sites managed by third parties. BACCARIS SAS declines any responsibility regarding the content of third-party sites and regarding any physical or moral damage they might cause. Providing links does not create any obligation for BACCARIS SAS, which has no means of controlling third-party sites. The User guarantees that they will not use BACCARIS SAS or the Offered Services for unlawful purposes and agrees to comply with all current national and international laws and regulations.
3. Cookies
"Cookies" are data blocks used to record data concerning a user's navigation on a website. Cookies do not allow for the identification of a user. BACCARIS SAS informs users that such cookies may be automatically installed on their browser software. Browser settings allow users to be informed of the presence of cookies and potentially refuse them by referring to the instructions of their specific browser. Users have a right of access, withdrawal, and modification of personal data communicated via cookies under the conditions indicated in Article 4 "Personal Data." BACCARIS SAS draws the users' attention to the fact that, for technical reasons, disabling cookies may restrict user access to the Site.
4. PERSONAL DATA
The information collected or processed during your navigation on the baccaris.fr site is subject to data processing intended for BACCARIS, its subcontractors, and its partners, in order to improve the services offered, process your requests, facilitate your navigation and registration, and inform you of BACCARIS offers and news, unless you object. The recipients of the data are BACCARIS, its subcontractors, and partners.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, you have a right to access, modify, and delete your data.
BACCARIS may provide consolidated statistics relating to its customers, sales, exchange structures, and site information to trusted third parties, but these statistics will not contain any personal data. This article shall not prevent the sale or transfer of activities to a third party. Consequently, in accordance with the French Data Protection Act, the customer may exercise their right of access, rectification, or deletion by sending a request (indicating email address, name, first name, and postal address) via the "Contact Us" section on baccaris.fr or by mail to: BACCARIS Communication Service, 3, rue de Nantes, 75019 Paris. You may also, for legitimate reasons, oppose the processing of your data. Furthermore, your banking information is never in our possession. Transactions are processed entirely by STRIPE.
5. Warranties and Limitation of Liability
BACCARIS makes its best efforts to make the Site available 24/7, regardless of scheduled maintenance operations, subject to the provisions of this article. Access to the Site and its content is provided on an "as is" and "as available" basis. BACCARIS provides no express or implied warranty on the intangibility of all or part of the Site, its content, or its permanent accessibility. BACCARIS cannot guarantee that certain product characteristics (notably colors) presented on the Site exactly reproduce the products; fidelity depends in part on the color rendering quality of the user's computer equipment.
In any event, BACCARIS shall not be liable for access to the Site or the use of Site services by a user that does not comply with these terms, particularly in case of access to services due to fraud, loss, theft, or communication of personal identifiers. Similarly, accessing the Site implies the user's acceptance of the specific characteristics of the Internet as well as the risks and hazards associated with it (response times, risks related to information exchange, data hacking, presence of computer viruses).
The user assumes sole and full responsibility for any visit and navigation on the Site. BACCARIS SAS shall not incur any liability for direct or indirect damage suffered by or caused to any user resulting from inappropriate or negligent use of a computer or any IT tool, a lack of equipment maintenance or Internet access, and more generally any malfunction of servers, telephone lines, ADSL connections, or other.
6. Modification of Terms
BACCARIS SAS reserves the right to modify this document at any time. The version of this document currently in force and applicable on the day of each visit to the Site is found in the "Legal Notice" section of the Site. BACCARIS SAS invites users to consult this document regularly.
7. Applicable Law and Jurisdiction
THESE TERMS ARE ESTABLISHED AND GOVERNED BY FRENCH LAW. UNLESS OTHERWISE PROVIDED BY PUBLIC POLICY, ANY DISPUTE RELATED TO THE INTERPRETATION, VALIDITY, AND CONSEQUENCES OF THESE TERMS SHALL BE EXCLUSIVELY SETTLED BY THE TERRITORIALLY COMPETENT FRENCH COURTS. Given the global dimension of the Internet, BACCARIS SAS informs all users that they must comply with all applicable rules in their country of residence.