Terms of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the “Terms”) are offered by the company Belle À Paris.

The following terms are used hereinafter:

“Site”: the website "https://belleaparis.com” and all of its pages, the exclusive property of the Company.

“Products” or  “Services”: all of the products (physical goods) and services (provision of services) that can be purchased or subscribed to on the Site.

“Seller”: Belle À Paris, a legal entity or natural person, offering its Products or Services on the Site.

“Customer”: the internet user, whether an individual or a professional, purchasing Product(s) or Service(s) on the Site.

“Consumer,” in accordance with the definition in the preliminary article of the French Consumer Code (Code de la consommation): “any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, or liberal professional activity

Any internet user visiting the Site who is interested in the Products and Services offered by the Seller is invited to read these Terms carefully, print them, and/or 

save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read the Terms and accepts them in full.

Article 2 – Application of the Terms and Purpose of the Site

The Seller reserves the right to modify the Terms at any time by publishing a new version of them on the Site.

The Terms applicable to the Customer are those in effect on the day the order is placed on the Site.

The legal information concerning the host and the publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site is provided in the terms of use, the legal notice, and the data policy of this Site.

This Site offers the online sale of products for women.

The Site is freely accessible to any Customer at no charge. The purchase of a Product or Service implies the Customer's acceptance of these Terms in their entirety, and the Customer thereby acknowledges having fully read them. This acceptance may consist, for example, of the Customer checking the box corresponding to the statement of acceptance of these Terms, worded for example “I acknowledge that I have read and accepted all of the Site's general terms and conditions.” Checking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these Terms presupposes that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, the Customer declares that they have the authorization of a guardian, a curator, or their legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless the Customer provides proof to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer's unreserved acceptance of, and full and complete adherence to, these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, instructions, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

Customer service for this Site can be reached by email at the following address: “ support@belleaparis.com “ via the contact form, or by mail at the address indicated in the legal notice. In the email, the Customer must provide their first name, last name, the subject of their request, and their Order number.

For any business inquiry (partnership, media, contract proposal), the Company can only be reached by email at support@belleaparis.com.

Article 4 – How Orders Are Placed and Description of the Purchasing Process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos shown on the Site are non-contractual and the actual items may vary noticeably from the models photographed. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

The “Cart” is defined below as the intangible object grouping together all of the Products or Services selected by the Customer of the Site with a view to a purchase by clicking on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their “Cart,” the contents of which may be modified at any time.

1. The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the “add to Cart” button. On the “Cart” page, the Customer can check the details of their Order and correct any errors before confirming it.

3. On the “Information” page, the Customer must enter their contact information. They may opt to track their Order by email by checking the required box.

4. On the “Shipping” page, the Customer must choose the shipping method offered to them.

5. On the “Confirmation” page, the Customer must enter their payment details and billing address. The Customer may also enter a promotional code if they have one.

6. A complete summary of the Order appears. The Customer may modify all elements of the Order before finalizing it. The Customer is responsible for any errors they make relating to the Order, the Products, and the contact information.

7. The sale is validly formed when the Customer has confirmed the Order by clicking the “Complete my order” button, has accepted the General Terms and Conditions of Sale, and has made payment according to the method they have chosen, subject to the exercise of the right of withdrawal.

The Order validation date corresponds to the date on which full cash payment of the total price including all taxes is duly received and recorded.

Article 5 – Prices and Payment Terms

Unless otherwise stated, the prices shown in the catalog are prices in Euros including all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to handling and shipping costs.

Belle À Paris reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price shown in the catalog on the day of the order shall be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by Credit or Debit Card, Bancontact, Apple Pay, or Paypal. Card payments are made through secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times set out in the “Deliveries” article of these Terms begin to run only from the date on which the Seller actually receives the payment, which the Seller may prove by any means. Product availability is indicated on the Site, on the description page of each Product.

Belle À Paris will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records shall be considered by the parties as proof of the communications, orders, payments, and transactions that have taken place between the parties.

Article 6 – Deliveries

Shipping costs will be indicated to the Customer before any payment. The Site has no geographic delivery restrictions; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for information purposes only and remain dependent on possible delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories (Dom-Tom), the Customer declares that they are the importer of the Product and accepts that in such a case the Seller may be materially unable to provide accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, Product missing compared with the delivery slip, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. In the case of delivery to a mailbox, the customer undertakes to check the package immediately and to contact the support team of Belle À Paris if they notice any anomaly whatsoever. If the Customer fails to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the postal service or by other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask how they wish to proceed with their order. If the Customer refused the package by mistake, they may request that it be reshipped by first paying the postage costs for the new shipment. Postage costs must be paid even for orders for which shipping was free at the time of the order.

In the event of a delivery error or an exchange (if the right of withdrawal is applicable, that is, if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery in relation to the date or time frame indicated to the Consumer Customer when ordering or, if no date or time frame was indicated when ordering, any delay exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon their written request by registered letter with acknowledgment of receipt, if, after having instructed the Seller to make the delivery, the Seller has not done so. The Consumer Customer will then be refunded all sums paid, no later than fourteen (14) days following the date on which the contract was terminated. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Special case of a package whose tracking number indicates that it has been “delivered” but which was not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox even though its tracking number indicates that it has been “delivered,” customer service may ask the Customer for additional information as well as an official document from La Poste responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, in particular by offering to reship the products immediately at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) business days from the date of receipt of the product in their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by Belle À Paris of the refund request.

The Product must be returned in perfect condition, in its blister packaging and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Belle À Paris. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a solution that allows the package to be tracked. Otherwise, if the returned package does not reach the Seller, it will not be possible to open an inquiry with the postal services to ask them to locate it.

The refund will be made using the same means of payment as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and provided that the refund does not result in any costs for the Customer.

The Seller also reserves the right to defer the refund until the Product has been received or for as long as the Customer has not demonstrated that they have shipped the Product, if such demonstration has not previously been made.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L121-17 of the French Consumer Code (Code de la consommation) (the “Hamon Law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: 

Belle À Paris

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the item below:

Order number:

Last name / First name:

Phone number: 

Email address:

Mailing address:

Reason for the claim:

• Exchange* (specify the desired product)

• Refund* (attach complete bank details including IBAN and BIC)

Signature of the Customer(s) (only if this form is submitted on paper):

Date:

(*) Cross out whichever does not apply.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code (Code civil), unless the seller has stipulated that it will not be bound by any warranty; if this warranty is invoked, the buyer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The buyer has a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the day on which the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on this site benefit from the following legal warranties provided for by the French Civil Code;

Legal warranty of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to answer for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity may be exercised if a defect existed on the day the Customer took possession of the Product.

However,  it will be up to the Customer to prove that the defect did indeed exist at the time they took possession of the Product. 

“ In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may decline to proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer ”.

Legal warranty against hidden defects

If a delivered Product is non-conforming, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by check or bank transfer. The costs of the exchange or refund procedure (in particular the return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Belle À Paris cannot be held liable for the non-performance of the contract concluded where this is due to the occurrence of a force majeure event. With regard to the Products purchased, the Seller shall incur no liability for any indirect damages arising hereunder, operating loss, loss of profit, damages, or costs that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to equipment incompatibility, cannot give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, pursuant to Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. In any event, Belle À Paris shall in no case be held liable:

• for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, or loss of data that may result, among other things, from the use of the Site or, conversely, from the inability to use it;

• for any malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the Customer's use of an uncommon browser;

• for the content of advertisements and other external links or sources accessible to Customers from the Site.

The Seller therefore cannot be held liable if the characteristics of the Products differ from the visuals shown on the Site or if those visuals are incorrect or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee and which they could not reasonably have avoided or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of the obligations totally impossible.

The occurrence of a case of force majeure shall automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties find that the case of force majeure persists, the Order may be canceled by either party and the sales contract terminated. To this end, the first party to act must send the other a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of termination shall be the date of first presentation of the letter. In this event, neither party may claim damages, unless both parties agree otherwise

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the Site. Any simple link or hyperlink is strictly prohibited without the express written consent of the Company. In all cases, any link, even if tacitly authorized, must be removed at the Company's simple request.

Only use of the Site for private purposes is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code (Code de la Propriété Intellectuelle).

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless authorized in advance

Any reproduction, representation, or adaptation of the logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and amounts to infringement.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, and without such deletion constituting harm to them, without prejudice to any subsequent legal proceedings against them at the initiative of the Seller or its representative.

The trademarks and logos contained on the Site may be registered by Belle À Paris, or possibly by one of its partners. Any person representing, reproducing, embedding, distributing, or redistributing them is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of Personal Data

1. The Company collects the Customer's data:

2. a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)

3. b) for the purpose of being able to contact you about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)

4. c) for the purpose of collecting information that allows us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers in charge of packaging and distributing the Products ordered, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is retained by the Company only for the time corresponding to the purposes of collection set out above, which may in no event exceed five (5) years.

In accordance with French Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has a right of access, modification, rectification, deletion, or objection on legitimate grounds with respect to their data.

The Customer may exercise their rights by email at support@belleaparis.com.

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comment that the Customer sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, edit, or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally reprehensible, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, registered trademarks, privacy, personality, or other personal or proprietary rights. The Customer agrees not to include in their comments any unlawful, defamatory, offensive, or obscene content, and that they will not contain any computer virus or other malware that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for the comments they post and for their accuracy. The Company assumes no responsibility and disclaims all liability for comments posted by the Customer or a third party.

Article 14– Severability

If any provision of the Terms is held to be unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms supersede all prior or contemporaneous written or oral agreements. The Terms may not be assigned, transferred, or sublicensed by the Customer.

A printed version of the Terms and of any notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms must be written in the French language.

Article 15 – Governing Law and Mediation

The General Terms and Conditions of Sale are governed by French law.

The Site reserves the right to bring criminal proceedings against any attempted fraudulent purchase or purchase with a bank card that is prohibited or has been blocked, stolen, or forged. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable attorneys' fees and court costs, made by a third party due to or arising out of your use of the website or of our products and services, your breach of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations hereunder. 

Domestic or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for the Evaluation and Oversight of Consumer Mediation (Commission d’Evaluation et de Contrôle de la Médiation de la Consommation, CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a request for mediation online together with supporting documents.

In particular, the dispute cannot be examined by the Mediator if:

- the Customer cannot show that they first attempted to resolve their dispute directly with the Company by means of a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within the Mediator's jurisdiction.

Mediation is free of charge for the Customer. If, at any stage of the mediation, the Customer calls on an attorney, a third party of their choice, or an expert to defend them, the Customer alone will bear the costs.

The Mediator may not receive any instructions from the parties or be compensated based on the outcome.

Participation in mediation does not exclude the possibility of recourse before a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Estonian court.

The Site reserves the right to bring criminal proceedings against any attempted fraudulent purchase or purchase with a bank card that is prohibited or has been blocked, or with a stolen or forged check. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and shall not release the Customer from performing their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excludes any breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.