| PREAMBLE The Bangle-Up company, whose head office is located at 13 rue Chaudron, 75010 – registered in the Paris Trade Register under number 804 049 419 – (hereinafter “Bangle up”), publishes and operates the website accessible at the URL www.bangle-up.com (hereinafter the “WEBSITE”). It will therefore be your contractual partner for any order placed on the WEBSITE. Any order placed on the WEBSITE will be governed by these terms and conditions of sale. These terms and conditions of sale are concluded between Bangle-Up and the customer, a non-professional purchaser of consumer goods intended for that person’s own personal use. The customer and Bangle up will be referred to in these terms and conditions of sale as the “PARTIES”. IMPORTANT Any order placed on the WEBSITE necessarily implies the customer’s unconditional acceptance of these terms and conditions of sale. ARTICLE 1. DEFINITIONS The terms used hereinafter in these terms and conditions of sale have the following meanings: “CUSTOMER” refers to the party contracting with Bangle-Up, who guarantees that they are a consumer as defined by French law and case law. This being the case, it is expressly stipulated that the CUSTOMER is acting beyond any regular or commercial resale activity. Online purchases made via the WEBSITE are not intended for wholesale or retail distributors. “DELIVERY” refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order. “PRODUCTS” refers to all the products available on the WEBSITE. “TERRITORY” refers to Metropolitan FRANCE, including Corsica. ARTICLE 2. PURPOSE OF THE CONTRACT The purpose of these terms and conditions of sale is to establish the contractual provisions relating to the respective rights and obligations of the CUSTOMER and Bangle up in the context of orders placed on the WEBSITE. When an order is accepted by Bangle-Up, these terms and conditions of sale and any indications in the order shall constitute the sole contractual commitments between Bangle-Up and the CUSTOMER. ARTICLE 3. CHANGES TO THE TERMS AND CONDITIONS OF SALE The terms and conditions of sale shall apply for as long as the PRODUCTS are available online. Bangle up may modify them at any time. Any such changes shall come into effect immediately after they are uploaded to the WEBSITE. Only the terms and conditions of sale published on the day of an order shall be applicable to that order. They shall be brought to the attention of the CUSTOMER and accepted by them when ordering. ARTICLE 4. NATURE OF THE TERMS AND CONDITIONS OF SALE These terms and conditions of sale shall not in any way confer on the CUSTOMER the status of employee, proxy, agent or representative of Bangle-Up. Furthermore, the PARTIES declare that these terms and conditions of sale cannot in any way be considered to be an act constituting a juridical person or legal entity, and that any form of “affectio societatis” shall be formally excluded from their relationship. ARTICLE 5. THE PRODUCTS SOLD The essential characteristics (both qualitative and quantitative) of the PRODUCTS are described on the WEBSITE as accurately as possible, where necessary according to the specifications communicated by the suppliers of Bangle-Up. In this connection, it is specified that if a PRODUCT needs to be assembled, the CUSTOMER shall be responsible for carrying out this assembly. Offers relating to PRODUCTS shall remain valid for as long as they are visible on the WEBSITE, subject to stock availability and the terms and conditions specified on the WEBSITE. If a product ordered is not available, Bangle-Up undertakes to inform the CUSTOMER of this as soon as possible by any appropriate means. In such a situation, the CUSTOMER shall have the option of: either cancelling the order, in which event the CUSTOMER shall be refunded the sum of money already paid no later than 30 (thirty) days from the cancellation of the order or, if the product is likely to become available soon, waiting for the new delivery date, which shall be indicated to the CUSTOMER by Bangle-Up. Every effort shall be made to ensure that the photos of the PRODUCTS featured on the WEBSITE are true to the original products. However, variations may occur, in particular due to the technical limitations of colour rendering on customers’ digital devices. Consequently, Bangle-Up shall not be responsible for variations not resulting from its own doing, or for non-substantial variations. ARTICLE 6 ORDERING 6.1 Conditions for placing an order The CUSTOMER must be at least eighteen (18) years of age and have the necessary legal capacity to place and honour any order, or hold authorization to place and honour any order and be able to justify this at any time, on Bangle-Up’s request. 6.2 Placing an order Orders shall be placed in accordance with the procedure provided on the WEBSITE and set out in detail below. To place a direct online order, the CUSTOMER must follow the following process: Select the PRODUCT(S) to be ordered and add them to the basket The CUSTOMER places an order for the contents of the basket by clicking on the button appearing in an item description. In accordance with article 1369-5 of the French Civil Code concerning the conclusion of an electronic contract, the CUSTOMER can view the details of the order (PRODUCT, reference, quantity chosen, price per unit and its total price and correct any error by modifying the quantity. The CUSTOMER must check that the contents of the basket are correct before confirming the order to express their acceptance; Confirm the order by choosing the payment method. Upon receiving your order, Bangle-Up shall send you confirmation of receipt via e-mail. Orders are firm; they cannot be conditional. It is specified that no order can be taken into account if it is not immediately followed by the corresponding secure payment by debit or credit card or any other method proposed on the WEBSITE. ARTICLE 7. MODIFYING ORDERS Orders cannot be modified, owing to their immediate execution and other technical reasons. ARTICLE 8 PRICES, INVOICING AND PAYMENT ARTICLE 8.1 PRICES AND INVOICING The prices displayed on Bangle-Up’s WEBSITE may be modified at any time. The price applied to the CUSTOMER shall be that displayed on the WEBSITE when the CUSTOMER places the order, except in the event of a manifest error in displaying the price of the PRODUCT on the WEBSITE (ridiculous price). These prices shall only apply to sales made on the WEBSITE and shall not be enforceable against Bangle-Up for any sales made via another channel. They shall be indicated in euros including taxes and French VAT at the rate applicable on the day of the order. The delivery fees, which are accessible on the WEBSITE, will be added to the price of the products and will be indicated clearly prior to payment. A receipt shall be created for every order and sent to the CUSTOMER via e-mail. ARTICLE 8.2 PAYMENT The order must be paid for by the CUSTOMER online when the order is placed, by debit or credit card or by any other method proposed on the WEBSITE. All orders shall be paid for in euros. The CUSTOMER can choose to pay: by credit or debit card: Visa, Carte Bleue, MasterCard, issued in France The order shall only be dispatched to the CUSTOMER after the payment method has been verified and after authorization to debit the CUSTOMER’s card has been received. ARTICLE 9 DELIVERY 9.1 DELIVERY METHOD The CUSTOMER shall choose a delivery address situated in the TERRITORY or abroad in the countries where Bangle-Up agrees to make delivery. The CUSTOMER shall have sole responsibility for any failure to deliver due to a lack of information when placing the order (telephone number, floor, code, address, etc.). The CUSTOMER can choose from the following delivery methods: - Home delivery in France by Colissimo - Express home delivery in France by TNT - Home delivery in the EU or in selected non-EU countries by Colissimo Confirmation of the dispatch date shall be sent to the CUSTOMER via e-mail by Bangle-Up. The order shall be delivered by the dispatch method chosen by the CUSTOMER and shall be handed to the recipient, who shall sign a delivery slip upon receipt (depending on the delivery method), at the delivery address indicated during the order process. It shall be the CUSTOMER’s responsibility to check the outer condition of the packaging and note any visible damage to the packaging on the delivery slip. 9.2 DELIVERY TIMES The delivery period shall be indicated during the ORDERING process. It should be noted that any change of delivery address made by the CUSTOMER after the order has been recorded may result in an extension to the delivery period. It should also be noted that a delay in delivery cannot give rise to penalties. ARTICLE 10 RETENTION OF OWNERSHIP The PRODUCTS delivered shall remain the property of Bangle-Up until the price has been paid in full by the CUSTOMER. The transfer of risks relating to the PRODUCTS shall take place upon receipt of the PRODUCTS by the CUSTOMER. ARTICLE 11 LEGAL RIGHT OF WITHDRAWAL ARTICLE 11.1 RIGHT OF WITHDRAWAL Pursuant to article L. 121-20 of the French Consumer Code, the CUSTOMER shall have a period of fourteen (14) clear days from receipt of a PRODUCT ordered on the WEBSITE to exercise their right of withdrawal without needing to provide a reason or pay penalties. Bangle-Up allows returns up to 30 days following receipt of the PRODUCTS. When the period expires on a Saturday, Sunday, bank holiday or non-working day, it shall be extended to the next working day. It should be noted that, in accordance with article L.121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised by the CUSTOMER for contracts relating to the supply of products manufactured to the CUSTOMER’s specifications or products that are clearly personalized (screen printing, engraving) or made to measure (colour, quality). Should the CUSTOMER exercise this right of withdrawal, Bangle-Up undertakes to refund to the CUSTOMER all the sums paid as soon as possible and at the latest within fourteen (14) days following the date on which this right was exercised. This refund shall be made on the card used by the CUSTOMER at the time of payment or by bank transfer to the CUSTOMER’s account as indicated in the bank details provided. ARTICLE 11.2 TERMS OF EXERCISING THE RIGHT OF WITHDRAWAL When the CUSTOMER exercises their right of withdrawal by sending the PRODUCTS to Bangle-Up, the PRODUCTS must be returned in perfect condition in their original packaging (or in packaging that fully protects the product during return transport), attaching the order confirmation mail sent with the initial order, to the following address: Logisseo, société Bangle-Up, 28 boulevard Gaston Birgé, 49100 Angers, France. It is specified that the CUSTOMER cannot exercise their right of withdrawal, if PRODUCT wear exceeds normal wear and tear that could be caused by the normal process of trying on the PRODUCT. ARTICLE 12 LEGAL GUARANTEES If, despite all the care we take with our products, the PRODUCT(S) delivered reveal a lack of conformity or a hidden defect, you shall have additional legal rights under articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code. In this connection, any lack of conformity must be indicated by the CUSTOMER, as soon as possible after delivery, via the contact form accessible on the WEBSITE. Furthermore, in accordance with article 1642 of the French Civil Code, Bangle-Up shall be liable for any hidden defects in a sold item that render it unfit for the use for which it is intended or diminish this use so much that the buyer, had they been aware of the defects, would not have purchased the item, or would only have paid a lower price for it. It is declared that the PRODUCTS are guaranteed under normal conditions of use. The guarantees shall not apply in the event of normal wear and tear, misuse or poor maintenance of the PRODUCTS. In the event of a proven lack of conformity or hidden defect, the CUSTOMER shall benefit from an identical replacement of the defective product, subject to stock availability. Should a replacement or repair be impossible, Bangle-Up undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned product and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Bangle-Up 13 rue Chaudron, 75010, Paris, France. ARTICLE 14. LIABILITY Bangle-Up cannot under any circumstances be held liable: in the event of non-performance or misfeasance of the contractual services attributable to the CUSTOMER, in particular due to the typing of the order; in the event of damage resulting from violation of the security of its WEBSITE by an unauthorized third party and not attributable to its negligence. Bangle-Up cannot be held responsible or be considered as having defaulted on these terms and conditions of sale for any delay or non-performance where the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts. ARTICLE 15. COMPLAINTS Any written complaint from the CUSTOMER must be sent to the following address: mail@bangle-up.com ARTICLE 16. PERSONAL DATA In accordance with the act of 6 January 1978 on data processing and liberties, as amended by the act of 6 August 2004, the CUSTOMER’s personal data (surname, first name, company name, function, electronic and geographical addresses, telephone number, fax number, bank details and any data indicated on the data collection forms) shall be collected by Bangle-Up for the purposes of proper management of orders, deliveries and invoices. Bangle-Up undertakes not to distribute its customer file to third parties. The CUSTOMER’s data shall be kept confidential by Bangle-Up in accordance with the CNIL declaration of 1597360, for contractual and execution purposes and in compliance with the aforementioned act. In this connection, the CUSTOMER shall, at any time, have a right to access, modify, rectify and delete the personal information collected by Bangle up concerning them. To exercise this right, the CUSTOMER can either send an e-mail to mail@bangle-up.com or send a letter to 206 route de Vourles, 69230 SAINT GENIS LAVAL, FRANCE. It should be noted that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending Bangle-Up a photocopy of their identity document. By placing an order, the CUSTOMER authorizes Bangle-Up to use the personal data provided for the management of deliveries and invoicing. In this respect, the CUSTOMER is informed that, for the purposes of delivery and invoicing, these data may be communicated to delivery organizations, companies in charge of invoicing where applicable, and suppliers of Bangle-Up. ARTICLE 17 INTELLECTUAL PROPERTY The brands, logos, slogans, graphics, photographs, animations, videos and texts contained on the WEBSITE are the exclusive intellectual property of Bangle-Up and may not be reproduced, used or represented without the express authorization of Bangle-Up, under penalty of legal proceedings. Any full or partial representation of the WEBSITE or its content, by any process whatsoever, without the express prior authorization of Bangle-Up is prohibited and shall constitute a punishable infringement under articles L.335-2 and following and articles L. 713-1 and following of the French Intellectual Property Code. Bangle-Up expressly prohibits: 1- the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of a database to another medium, by any means or in any form whatsoever; 2- the re-use, by making available to the public, of all or a qualitatively or quantitatively substantial part of the content of the database, in whatever form. ARTICLE 18. ARCHIVING OF THE CONTRACT Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros including VAT will be archived by Bangle-Up for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code. The CUSTOMER may request access to the contract from mail@bangle-up.com ARTICLE 19. GENERAL PROVISIONS The fact that one of the PARTIES has not required the application of any clause of these terms and conditions of sale, whether permanently or temporarily, can in no case be considered as waiving the said clause. These terms and conditions of sale do not grant any exclusivity in terms of the supply of services or guarantee of quality to the CUSTOMER. If any of the stipulations of these terms and conditions of sale should prove void with regard to a legislative or regulatory provision in force and/or a court decision with the authority of res judicata, it shall be deemed unwritten but this shall in no way affect the validity of the other clauses, which shall remain fully applicable. In this case, the PARTIES shall make contact to agree on a new provision to replace the one declared null and void, with the understanding that the new provision must, as far as possible, respect the spirit and economic impact on the PARTIES of the replaced provision. ARTICLE 20. APPLICABLE LAW – COMPETENT JURISDICTION These terms and conditions are governed by French law. In the event of a dispute, the CUSTOMER shall first contact Bangle-Up's customer service department to seek an amicable solution. SHOULD AN AMICABLE SOLUTION NOT BE FOUND, THE COURTS OF PARIS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE BETWEEN THE PARTIES, REGARDING IN PARTICULAR THE FORMATION, EXECUTION, INTERPRETATION, TERMINATION OR RESOLUTION OF THE CONTRACT, INCLUDING FOR PROTECTIVE MEASURES, EMERGENCY PROCEDURES, AND IN THE EVENT OF EMERGENCY PROCEEDINGS, THIRD-PARTY APPEALS, INTERLOCUTORY APPLICATIONS OR MULTIPLE RESPONDENTS. |