These General Conditions of Sale are concluded on the one hand by BANDE ORIGINALE, EURL with a capital of 1,000 euros, registered with the RCS of Lyon under the number 918 590 183 whose head office is located at 21, rue d'Algérie - Citywork - 69001 Lyon, hereinafter referred to as ''the seller'', and on the other hand, by any natural or legal person, wishing to make a purchase via this site www.bandeoriginale.shop , hereinafter referred to as '' the buyer'.
The store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1: OBJECT
The purpose of these general conditions of sale is to provide the consumer, in a readable and understandable manner, with the information provided for in article L.221-5 of the Consumer Code.
These general conditions of sale are intended to define the contractual relationship between the seller and the buyer and the conditions applicable to any purchase made through this merchant site.
The acquisition of a good or a service through this site implies unreserved acceptance by the buyer of these general conditions of sale. These general conditions of sale shall prevail over any other general or specific conditions not expressly approved by the seller. The seller reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
ARTICLE 2: CHARACTERISTICS OF THE PROPOSED GOODS AND SERVICES
1 - The products and services offered are those listed in the catalog published on the seller's website "www.bandeoriginale.shop". These products and services are offered within the limits of available stocks, vintage products being second-hand products, they are unique. There is therefore no possibility of selling a product that has already been sold.
2 - Description of items
Each article is accompanied by a precise description drawn up by the seller, including the dimensions and general condition of the article.
It should be borne in mind that in most cases these are vintage items, therefore already worn.
The assessment of the condition is carried out by the seller according to the following charter:
Perfect condition : Item showing no noticeable signs of wear, worn very little or not at all.
Very good condition : Item with signs of use while remaining of very good quality.
3 - The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product sold, in particular with regard to the colors depending on the individual material used by the consumer.
It is indicated in the description of the article an estimate of the size. Indeed, there may not be any indication of size on the article, or it is clearly distorted by the time of this one. It is therefore strongly recommended to refer to the precise measurements indicated on each product sheet.
ARTICLE 3: PRICE
1- All the prices of the articles present on the site www.bandeoriginale.shop are prices in euros all taxes included (TTC).
2 - EURL BANDE ORIGINALE is subject to the marginal VAT regime. No document showing VAT will therefore be issued. (Special regime on second-hand goods, article 297-A of the CGI and community directive 2006/112/EC). The price excluding tax (HT) is therefore not communicated either on the website or on the invoices issued.
3 - The seller reserves the right to modify the prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
4 - Shipping costs are the responsibility of the buyer (see article 6 of these GCS).
ARTICLE 4: ORDER
The buyer who wishes to buy a product must:
- complete the identification form on which he will indicate all the details requested, deliveries will be made only to the addresses indicated on this site,
- validate his order after having checked it,
- make the payment under the conditions set out below,
- confirm their order and payment.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions. This site will communicate by e-mail confirmation of the registered order.
ARTICLE 5: TERMS OF PAYMENT
1 - The Buyer is able to pay for his order by creating a customer account.
2 - The Buyer must provide information:
- his first and last name,
- the name of the company (optional),
- his full address (number, street, postal code, city, country),
- the optional information allowing the delivery (code, intercom, building, floor, door etc…),
- his telephone number and email address.
By default, the shipping address is defined as the billing address, but the Buyer may define a specific one before completing his order.
3 - The Buyer must verify the accuracy of the personal information provided as well as the details of his order before proceeding to the payment stage.
4 – The payment of the order is made:
- via the PAYPAL EXPRESS CHECKOUT secure payment system (Paypal.fr's integrated payment service, the terms and conditions of which are available at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full#make-payment )
- by CREDIT CARD via the secure payment system SHOPIFY PAYMENTS. The credit cards accepted are: VISA, MASTERCARD, AMERICAN EXPRESS and SHOP PAY.
The Buyer must pay the full amount of the order, which will only be processed upon receipt of payment and its validation by the bank.
The Seller reserves the right to cancel any order from a Buyer with whom there is a previous payment dispute.
ARTICLE 6: DELIVERY
1 – Delivery
- France and Monaco: €12 by Colissimo with signature (48 to 72 working hours).
- United Kingdom (UK): 21€ in Colissimo International with signature (3 to 5 working days).
- Zone A (European Union and Switzerland): €18 by Colissimo International with signature (3 to 7 working days).
- Zone B (Eastern European countries - outside the EU - and Norway): 25€ by Colissimo International with signature (6 to 7 working days).
- Zone C (Canada, USA, Near and Middle East): 45 € by Colissimo International with signature (6 to 10 working days).
If your country is not available in the delivery choices, you can send an email to firstname.lastname@example.org in order to agree together on a suitable delivery method.
All deliveries are delivered to your home against signature.
Shipments are made within 24 working hours after confirmation of the order.
The order is shipped to the address indicated during the ordering process. Please ensure its accuracy. In the event of an order return inherent to an error in entering the address by the Buyer, the new shipping costs will remain the responsibility of the Buyer.
You will receive your tracking number by email in order to follow the progress of the delivery.
French VAT is included in the price of the items and delivery offered on the bandeoriginale.shop website.
For non-European countries, any customs fees may be charged to the recipient by the delivery service provider.
BANDE ORIGINALE is not responsible for delivery delays. The times indicated here are indicative and may be subject to change by the delivery service provider.
2 – Reception
- Upon receipt of the package, the buyer is required to check the condition of the goods. This control must cover the quantities as well as the condition of the goods. Reservations must be noted at the time of delivery on the delivery slip. Reservations must be clear and legible. Reservations of the "subject to unpacking" type are null and void.
- In the event of damage and for a refund request, the buyer is required to inform BANDE ORIGINALE by registered letter with acknowledgment of receipt within seven days of receipt of the package at the following address: Bande Originale / 21, rue of Algeria - Citywork - 69001 Lyon.
- The damaged item will be returned according to the instructions given by the seller (choice of carrier) in its original condition within fourteen days of receipt, failing which, the return and refund cannot be offered. Return costs will be borne by the seller.
- In the event of theft or loss of parcels, in the absence of receipt, the buyer must inform the seller as soon as possible by email at the following address email@example.com so that the seller can initiate an investigation with the service provider chosen to the delivery. Seller will issue a full refund (item and shipping cost) within 30 days of buyer's order.
- In the case of a buyer located in a country outside the European Union, and only in this case, the buyer informs the seller by email within 48 hours of receipt at the following address: firstname.lastname@example.org
- BANDE ORIGINALE declines all responsibility for non-compliance with delivery times due to the unforeseeable or insurmountable event of the carrier (in the event of a strike, for example, or a case of force majeure, see article 9 of these GCS).
ARTICLE 7: RIGHT OF WITHDRAWAL
The consumer has a period of fourteen calendar days to exercise his right of withdrawal from the contract concluded with the EURL BANDE ORIGINALE on its website www.bandeoriginale.shop
The period mentioned runs from the day after the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him.
1 - The buyer sends his request for withdrawal by e-mail to email@example.com (appendix to article R221-1 of the consumer code). Here is a sample request:
To the attention of ORIGINAL BAND
21 rue d'Algerie - Citywork - 69001 Lyon
I hereby notify you of my withdrawal from the contract relating to the sale of the property below: (description of the property)
Ordered on: Received on:
In accordance with the Consumer Code, I undertake to return the property for which I am exercising my right of withdrawal as soon as possible, at my expense. If the item is not returned within fourteen days of this letter, I understand that the withdrawal will no longer be admissible. The article will be in its original state and will not have been worn, modified, washed or damaged.
(OPTIONAL) The reason for this withdrawal is:
2 – The item must be returned in its original packaging complete with the original label within 14 days from the date of the withdrawal request
3 - Any unpackaged merchandise, bearing signs of use, wear or if it has been modified or washed will be systematically refused.
4 - The return of the article is carried out at the expense, risk and peril of the buyer. In the event of loss or damage to the package, no compensation will be paid to the customer by BANDE ORIGINALE. This is why BANDE ORIGINALE can only encourage the buyer to return the item by registered mail or with follow-up as well as with additional insurance of the market value of the item, guaranteeing him, if necessary , compensation up to its actual market value. It is the buyer's responsibility to retain proof of return.
5 - Upon receipt of the request, the BANDE ORIGINALE seller shall reimburse the purchase value of the item to the buyer at the latest within 14 days following the date on which he was informed of the decision to withdraw, except justified delay. The initial delivery costs will also be borne by the seller.
For a sale of goods, the seller may defer reimbursement until the day of recovery of the goods as authorized by the consumer code.
6 - The seller makes the refund using the same means of payment as that used by the buyer for the initial transaction, unless the buyer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the buyer (in accordance with article L221-24 of the consumer code).
ARTICLE 8: DISPUTE
The law governing the T&Cs is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably.
Failing this, the disputes will be brought to the attention of the competent courts of common law.
The Customer is informed that he can resort to conventional mediation, with the Consumer Mediation Commission provided for in Article L612-1 of the Consumer Code or with existing sectoral mediation bodies. He may also resort to any alternative dispute resolution method in the event of a dispute.
Complaints or disputes will obviously be received with attention, good faith being always presumed in those who take the time to explain their situation. In the event of a dispute, the customer should first contact EURL BANDE ORIGINALE by e-mail firstname.lastname@example.org or by telephone on (+33) 6 85 84 55 24 to obtain an amicable solution.
Failing this, the Commercial Court of Lyon has sole jurisdiction, regardless of the place of delivery and the method of payment used.
ARTICLE 9: FORCE MAJEURE
Are considered as cases of force majeure releasing the seller from his obligation to deliver an irresistible, unforeseeable and external event (war, riot, fire, strikes, natural disaster, etc.). The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 10: WARRANTY AND LIABILITY
1 - The legal guarantee of conformity is so called because it obliges the seller to sell the consumer goods that comply with the contract and makes him liable if this is not the case. (Consumer Code articles L217-1 to L217-14).
- The goods must correspond to the description made by the seller and have the qualities presented by the latter or that the consumer can legitimately expect, particularly in view of the labeling or advertisements; it is therefore important to read the charter which describes the condition of the item sold (see article 3 of the GCS) given the particular nature of a vintage second-hand item.
- The buyer can claim the benefit of the legal guarantee from the seller within a period of 6 months from the sale (duration of 6 months specific to second-hand goods) by sending his request by registered mail with acknowledgment of receipt specifying his contact details, the number and date of the order, the precise description which leads him to exercise the legal guarantee (the presence of photographs to support his statement is recommended). The buyer sends his request to the following address: Bande Originale / 21, rue d'Algérie - Citywork - 69001 Lyon.
2 - Liability
The EURL BANDE ORIGINALE can in no way be held responsible for the unavailability, whether temporary or permanent, of the website www.bandeoriginale.shop and, although it implements all means to ensure in the service permanently, it may be interrupted at any time. In addition, EURL BANDE ORIGINALE reserves the right, by a voluntary act, to make the site unavailable in order to carry out any update, improvement or maintenance operation.
The seller, in the online sales process, is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus or other involuntary problems.
As previously mentioned herein, the seller can in no way be held responsible for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault cannot be attributed to it.
Concerning the maintenance of purchased items: textiles can be old and therefore delicate. They must be maintained with care. BANDE ORIGINALE recommends using a professional dry cleaning service and not using a washing machine or dryer at home. BANDE ORIGINALE is not responsible for damage resulting from cleaning or drying of the item purchased.
ARTICLE 11: PERSONAL DATA
The information collected on the registration form for the website or on the order form is recorded in a file computerized by EURL BANDE ORIGINALE to allow the recognition of the consumer on the site so that he has access to his history. , the possible sending of a newsletter or the sending of the order. The legal basis for the processing is the consumer's consent (for registration to the site or the newsletter) and the contract (for the sale of an item).
The data collected will be communicated to the following recipient only: EURL BANDE ORIGINALE.
BANDE ORIGINALE uses third-party companies to send orders or manage the website (Shopify). By validating the contract by paying for the order, the buyer agrees that delivery companies may have access to his contact details to allow the receipt of his order.
These third-party companies only have access to the data collected within the framework of the execution of the sending of the order, its follow-up and the operation of the site.
BANDE ORIGINALE formally undertakes not to communicate, partially or totally, free of charge or in exchange, the information collected from its customers to a third party other than within the framework of the delivery of an order.
User Data will not be kept beyond the time strictly necessary for the purposes pursued as set out herein, in accordance with applicable regulations and laws. In this respect, the Data used for prospecting purposes may be kept for a maximum period of 3 years from the closing of the User's account or the last contact of the prospect concerned. The User's data is erased when the retention periods expire.
You can access the data concerning you, rectify it, request its deletion or exercise your right to limit the processing of your data. You can withdraw your consent to the processing of your data at any time. You can also object to the processing of your data. You can also exercise your right to the portability of your data.
In the case of an account creation, you have chosen a password. You are responsible for keeping this password confidential. This is why we recommend that you choose an effective password and not share it. We recommend that you only connect to secure networks, preferably private networks. Be aware of the risks involved on public wifi networks.
If you receive an email claiming to be the brand we work for and asking you to provide personal information, please do not respond and forward that email to us so that we can take the necessary action.
Consult the website www.cnil.fr for more information on your rights.
To exercise these rights or for any question about the processing of your data in this device, you can contact BANDE ORIGINALE / 21, rue d'Algérie - Citywork - 69001 Lyon or email@example.com
If you believe, after contacting us, that your "Data Protection" rights are not respected, you can file a complaint with the CNIL.
ARTICLE 12: INTELLECTUAL PROPERTY
The site is the property of EURL BANDE ORIGINALE in its entirety, as well as all the rights relating thereto. Any distribution, exploitation, representation or reproduction, in whole or in part, is systematically subject to the authorization of the owner. However, links of the hypertext type to the site are authorized without specific requests.
The brand and logo are trademarks registered with the INPI on 09/01/2022 under number 4894699 and published at BOPI on 09/23/2022 (BOPI 2022-38).
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will expose the offender to civil and/or criminal prosecution.
ARTICLE 13: ABSENCE OF WAIVER AND INDEPENDENCE OF THE CLAUSES
The waiver by a Party to avail itself of any of the clauses provided for in the GCS cannot constitute a definitive waiver to avail itself of it thereafter. If any of the clauses of the GCS were declared invalid, inapplicable or void, all of the other clauses will retain their full force and scope and the clauses declared invalid, inapplicable or void will be replaced by terms closest to the content. and intent of said clauses.
ARTICLE 14: PRE-CONTRACTUAL INFORMATION
Prior to his Order, the consumer acknowledges having read, in a legible and understandable manner, the GCS and the information and information provided for by article L111-1 of the Consumer Code, and in particular:
1° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned (article 2 of the GCS);
2° The price of the good or service, pursuant to Articles L112-1 to L. 112-4 (Article 3 of the GCS);
3° In the absence of immediate execution of the contract, the date or the deadline on which the professional undertakes to deliver the goods or to perform the service (article 6 of the GCS);
4° Information relating to his identity, his postal, telephone and electronic contact details and his activities, insofar as they do not appear from the context (see LEGAL NOTICES of the website);
5° If applicable, information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of any software installation restrictions, the existence and procedures for implementing guarantees and other contractual conditions;
6° The possibility of using a consumer mediator under the conditions provided for in Title I of Book VI (Article 8 of the GTC).
7° The possibility of exercising the right of withdrawal in accordance with article L221-28 of the consumer code (article 7 of the GTC).
The placing of an Order on the Site www.bandeoriginale.shop implies adherence and acceptance of the GCS. The buyer cannot rely on a contradictory document.