SOCIETE HAROLD'S - BIONDINI PARIS
Société HAROLD'S SAS is a simplified joint-stock company, registered on the RCS of PARIS under the identification number 672 046 422, whose head office is 76/78 avenue des Champs Elysées - 75008 PARIS.
The Seller sells luxury shoes and accessories for men, women, children.
The Seller ensures the commercialization of goods and / or services through the biondiniparis.com site.
The list of goods and services offered for sale online by the Seller can be found on the site available at "www.biondiniparis.com".
The company HAROLD'S also ensures the delivery of products marketed both on the French territory and abroad.
The Parties agree that their relations will be governed exclusively by this contract, excluding any condition previously available on the Seller's website.
The Seller reserves the right to modify at any time these GTC by publishing a new version on the Site. The GTC are those in force on the date of validation of the order.
The Parties agree that the pictures of the Goods for sale on the biondiniparis.com website have no contractual value.
Article 1. – Definitions
The following terms and expressions mean, when prefaced by a capital letter, for the purposes of the interpretation and the execution of this document:
"Article": The property or goods that were the subject of the Order;
"Good": any product offered for sale on the Site;
"Order": request of Goods or Services made by the Customer to the Seller;
"General Conditions of Sale": the Terms and Conditions which are the subject of these presents;
"Contract": this act, including its preamble and its annexes and any amendment, substitution, extension or renewal made herein under the Convention of the Parties;
"Delivery Time": period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;
«Delivery Charges»: cost of the expenses incurred by the Seller to deliver the Order to the delivery address indicated by the Customer;
"Delivery": shipment of the Item to the Customer;
"Delivery Method": means any standard or express delivery method available on the Site at the time of the Order;
"Price": the unit value of a good or a service; this value includes all taxes and delivery charges;
"Total Price": the total amount of the Combined Price of the Goods and Services that are the subject of the Order; this amount includes all taxes;
"All-inclusive price": the Total Price to which the price of the Delivery Costs is added; this amount includes all taxes;
"Service": any service offered for sale on the Site;
"Site": Online sales site "www.biondiniparis.com" used by the Seller for the marketing of its Goods / Services;
"Territory": has the meaning given to this term in Article 3;
"Validation of the Order": has the meaning given in Article 5;
"Online Sale": marketing of Seller's Goods and Services via the Site;
References to Articles are references to the articles of this Agreement, unless otherwise stated.
Any reference to the singular includes the plural and vice versa.
Any reference to one genre includes the other genre.
Article 2. – Purpose
The purpose of this Agreement is to define the rights and obligations of the Parties in connection with the Online Sale of the Goods and Services offered for sale by the Seller to the Customer.
Article 3. - Scope
These Terms are reserved for consumers only, in the sense given by law and jurisprudence, acting exclusively for their own account.
In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.
In addition, the Customer receives the information provided for in Articles L. 121-8 and L. 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.
These GTC are applicable to all sales of Goods and Services by the Seller made through the Site.
The Customer declares to have read these Terms before the Validation of the Order within the meaning of Article 5. The Validation of the Order is therefore acceptance without restriction or reservation of these Terms.
These GTC are applicable for Orders made for Delivery in France or abroad (the "Territory").
Article 4. - Enforcement and Duration
This Agreement shall enter into force on the date of Validation of the Order as defined in Article 5.
The Contract is concluded for the duration necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations due by the Seller.
Article 5. - Ordering Goods and Services and Conclusion Steps to Online Sales
In order to fulfill the Order, the Customer must follow the following steps:
1. Compose the address of the Site;
2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
3. Fill out the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning,
4. Check the elements of the Order and, if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All Inclusive Price (the "Order Confirmation");
6. Follow the instructions of the online payment server to pay the All Inclusive Price.
The Customer then receives electronically and without delay a confirmation of payment acceptance of the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Confirmation of the Order").
The Customer receives the confirmation of the shipment of the Order electronically.
Delivery will take place at the delivery address indicated by the Customer during the Order.
During the execution of the various stages of the above-mentioned Order, the Customer agrees to respect these contractual conditions by application of article 1316-1 of the Civil Code.
The Seller undertakes to honor the Order only within the limits of the available stocks of the Goods. In the absence of availability of the Goods, the Seller agrees to inform the Customer.
However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, passed in bad faith or for any other legitimate reason, and in particular, where there is a dispute with the Customer regarding the payment of a previous order.
The Customer must identify himself by means of his email address, which must be valid and choose a password. The Customer's own password must then be confirmed. These elements are confidential. The Customer is solely responsible for the consequences of the use of his account, until the deactivation thereof.
The Customer will also have the opportunity to make his purchases in "guest mode", without having to create an account. The customer will only need to fill in the elements allowing the delivery of his order, his name, first name, postal address, as well as his e-mail address.
Article 6. - Prices of Goods and Services and Conditions of Validity
The price of the Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
At the time of Validation of the Order, the price to be paid is the All Inclusive Price.
Prices displayed on the website are only valid on Biondiniparis.com.
The telecommunication costs inherent in accessing the Site remain the sole responsibility of the Customer.
The duration of validity of the offers and prices is determined by the updating of the Site.
Article 7. - Payment
The payment of the All Inclusive Price by the Customer is made by credit card, PayPal and by some alternative means of payment depending on the country of residence of the customer. The accepted credit cards are those of the Blue Card, Visa, MasterCard, UnionPay, Discover, Dinners Club and JCB networks.
Payments will be provided via ADYEN's secure payment service for credit card payments and various local payment methods, and via Paypal for Paypal account payments.
The transaction is immediately charged to the Customer's credit card after verifying the Customer's data, upon receipt of the debit authorization from the company issuing the credit card used by the Customer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his credit card, the Customer authorizes the Seller to debit his credit card the amount corresponding to the All Inclusive Price.
For this purpose, the Customer confirms that he is the holder of the credit card to debit and that the name on the credit card is actually his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the All Inclusive Price debit is impossible, the Online Sale will immediately be automatically canceled and the Order will be canceled.
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site biondiniparis.com.
Article 8. – Order Delivery
8.1. Delivery method
The Customer chooses one of the Delivery Methods offered on the Site on the occasion of the fulfillment of the Order.
8.2. Delivery address
The Customer chooses a delivery address necessarily located in the member states of the European Union, under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack of indication during the Order.
In case of a Click and collect, the client got 5 days to pick up his order to our boutique, 78, Avenue des Champs-Élysées.
8.3. Shipping Costs Amount
The amount of the Delivery Fee depends on the weight and size of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.
We include the cost of taxes and duties in your order, so you won’t need to pay any additional fees if you are located in any of the locations below:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
8.4. Delivery delay
Delivery Times are available on the Site and may vary depending on the availability of the Goods that were the subject of the Order.
The delivery times are in working days and correspond to the average time of preparation and delivery of the Order on the Territory.
Delivery Times run from the Seller's Confirmation of Order date.
8.5. Late delivery
In case of late delivery, the Order is not canceled.
The Seller informs the Customer by e-mail that the Delivery will occur late.
The Customer may then decide to cancel the Order and send by email to the following address firstname.lastname@example.org. In the event that the Order has not yet been dispatched when the Seller receives the Client's cancellation notice, the Delivery is blocked and the Customer is refunded any sums debited within a period of fifteen days following the receipt of the cancellation notice.
In the event that the Order has already been dispatched when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then refund the amounts debited and return costs paid by the Customer within fifteen days of receipt of return of the complete refused package and in its original condition.
8.6. Delivery Tracking
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
8.7. Order Verification upon arrival
The Customer is required to check the condition of the packaging as well as the items during the Delivery.
It is the Customer's responsibility to issue the reservations and claims he deems necessary, or even to refuse the package, when the package is obviously damaged on delivery.
Such reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, excluding holidays, following the date of delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In case of nonconformity of goods in kind or quality to the specifications mentioned in the delivery order, the Customer must inform the customer service via his Biondini Paris account or by email to the address email@example.com and return them Goods at the address indicated in the conditions of Article 8.
Article 9. - Right to retract
The Customer has a right of withdrawal which he can exercise within 15 calendar days following the date of receipt or withdrawal of the Order.
In the event that this period expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day.
The Customer wishing to exercise his right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete, new.
If the order was delivered by Click & collect, the right of withdrawal of 15 days starting the moment the order was made available to the boutique.
Article 10. – Complaints
The Customer must send any complaints to the customer service Biondini Paris by post or by email reminding the reference and date of the Order.
Only claims relating to the online sale of items will be taken into account.
Article 11. – Guarantee
The Seller is subject to the conditions of legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code.
Article 12. - Intellectual property rights
The trademark of the Seller "BIONDINI PARIS" as well as all the figurative marks or not and more generally all other brands, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether deposited or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent that are the property of the Seller.
Article 13. - Data Privacy
The information requested from the Customer is required to process the Order.
In the event that the Customer agrees to provide individual personal data, he has an individual right of access, withdrawal and rectification of such data under the conditions provided for by Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms.
The Customer must address any written request to the following address 78 avenue des Champs Elysées 75008 Paris.
On the occasion of the creation of his account on the Site, the Customer will have the opportunity to choose if he wishes to receive offers from the Seller and its partners.
Article 14. - Force Majeure
Seller's performance of its obligations under this Agreement shall be suspended upon the occurrence of a fortuitous event or force majeure that interferes with or delays performance thereof.
The Seller will notify the Client of the occurrence of such a fortuitous event or force majeure within 7 days from the date of occurrence of the event.
When the suspension of the execution of the obligations of the Seller continues for a period exceeding 7 days, the Customer has the possibility to cancel the Order in progress and the Seller will then refund the Order under the conditions referred to in Article 7.
Article 15. - Nullity of a Contract Clause
If any provision of this Agreement is rescinded, such voidance would not render void the other provisions of the Contract which will remain in effect between the Parties.
Article 16. - Modification of the Contract
Any amendment, termination or abandonment of any of the clauses of this Agreement will only be valid after written and signed agreement between the Parties.
Article 17. - Parties Independence
Neither party may make any commitment in the name and / or on behalf of the other Party. In addition, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
Article 18. - Waiver
The fact that one of the Parties does not avail itself of an undertaking by the other Party to any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation under cause.
Article 19. - Law
This Agreement will be governed by French law.
Article 20. - Jurisdiction
Any dispute arising from the formation, interpretation or performance of this Agreement shall be the exclusive jurisdiction of the courts of Paris, notwithstanding plurality of defendants or warranty claim.