Terms of Sales
Terms of Sales
- Article 1. Purpose
- Article 2. General provisions
- Article 3. Products
- Article 4. Ordering
- Article 5. Price
- Article 6. Payment
- Article 7. Title-retention clause
- Article 8. Terms of delivery
- Article 9. Period of withdrawal
- Article 10. Guarantees
- Article 11. Responsibilities
- Article 12. Intellectual property rights
- Article 13. Protectionof personnal data
- Article 14. Force majeure
- Article 15. Applicable law
- Article 16. Miscellaneous provisions
Note : These Terms of Sales were translated from French for an understanding purpose. They don’t represent an actual contract. Therefore, the only jurisdiction available and applicable is the French one, based on the French version of this document.
The company Besight ; SASU with a capital of 10,000 euros, having its registered office at 88 boulevard Jourdan, 75014 Paris, registered with the RCS of Paris under number 821 351 863, SIRET 82135186300013, represented by Mr Wilfrid DE CONTI, as chairman, duly authorized for the purposes Of this Agreement.
Hereinafter the ” Company “.
And the natural person proceeding to the purchase of products of the Company,
Hereinafter, the ” Customer ”
On the other hand,
These general terms and conditions of sale (hereinafter ” ToS “) determine the rights and obligations of the parties in connection with the online sale of products offered by the Company. They are intended to define the terms and conditions applicable to any order placed by a Customer on the website https://besight.fr ( hereinafter the ” Website “) edited by the Company.
ToS are reserved for Clients only, having the status of consumers within the meaning of the law and jurisprudence. The ToS constitute the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only indicative value.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer matches his needs. The Client represents and warrants that he / she has the legal capacity as well as all the rights, titles, powers and / or authorizations necessary to contract hereunder.
The placing of an order on the Site is subject to the express and unreserved acceptance by the Customer of the ToS by ticking a box provided for this purpose. The validation of the order implies the express and unreserved acceptance by the Customer of the ToS in force on the day of the order and its commitment to respect its contents. The Customer acknowledges that he / she has read and has fully understood the Terms.
The Company reserves the right to modify and update these Terms without prior notice and at any time by the publication of a new version on the Site. The applicable ToS are those in force on the date of the order.
The ToS can be consulted on the Site at the following address: https://besight.fr/terms-of-sales.
The Company offers quality fashion accessories, exclusively designed, designed and manufactured with respect for the environment and society. The products offered for sale presented on the Site are each the subject of a descriptive document mentioning their essential characteristics, in accordance with the provisions of Article L. 111-1 of the French Consumer Code.
The offers of sale presented on the Site are valid, in the absence of indication of particular duration, as long as the products appear on the Site and within the limit of available stocks.
Orders are open 24 hours a day, seven days a week.
To place an order, the Customer must connect to the Site, click on the ” Shop ” tab , select the desired product by clicking on ” Add to cart “.
The Customer is then invited to click on ” View my cart ” to place the order.
The Basket summarizes the name of the product, its price, the quantity ordered, and the total, in addition to the applicable delivery charges, if applicable.
The Customer is then invited to click on ” Proceed to Order “.
The Client may choose to identify himself with his customer account or, failing that, enter the personal information necessary for the Company to deliver the product ordered (name, first name, billing and delivery address if different, Telephone number, email address). The Customer agrees to provide and maintain accurate, up-to-date and complete information regarding the Company as requested by the Company during the order process.
The Customer may also insert comments concerning the order and delivery, if necessary, in the box provided for this purpose.
The Customer is then invited to confirm his order by clicking on the “Order” tab.
A summary of the order including the name of the product, its total price, the customer’s personal information is visible on this page. The Customer is then invited to select the method of payment of his choice. The Customer is then invited to take note and read the ToS by clicking on the corresponding tab. The Customer will check, if he accepts them, the box ” I have read and I accept the general conditions of sale “. By this click, the Customer acknowledges having read the ToS and accepts fully all of their provisions, without restriction or reservation. The Customer will definitely validate his order by clicking on the ” Validate my order ” tab . The order is then deemed firm and definitive. Before clicking on this tab the Customer has the possibility to check the detail of his order, his total price and the delivery conditions and to return to the previous pages to correct any errors or possibly modify his order.
An e-mail acknowledging receipt of the order will be sent to the Customer at the address indicated at the time of the ordering as soon as possible. This email will include the number of the order, the terms of payment of the order, as well as the delivery times to be provided.
Any modification of order by the Customer after confirmation of his order is subject to the acceptance of the Company.
n accordance with Article L. 111-3 of the French Consumer Code, the prices of the products sold through the Site are indicated in Euros including all taxes (All Taxes = included VAT + other taxes) and precisely determined on the pages of the descriptions of the products. Products They are also indicated in euros all taxes included on the page of confirmation of order of products, and excluding specific delivery costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated automatically on the order summary. Customs duties or other local taxes or import duties or state taxes may be chargeable in certain cases. These rights and sums are not within Seller’s jurisdiction. They shall be borne by the Client and shall be under his responsibility (declarations, payment to the competent authorities, etc.). In this regard, the Company invites the Client to obtain information on these aspects from the corresponding local authorities.
The selling price of the product is that in force on the day of the order. The Company reserves the right to modify its prices at any time for the future, while guaranteeing to the Customer the application of the sale price in force on the day of the order.
The payment is due immediately after confirmation of the order, The customer chooses the mode and means of payment from those offered at the end of the order process: either by bank transfer to the account of the Company or by check to the order of the society.
The order will be delivered only after the full payment of the sale price of the products by the Customer.
The products remain the property of the Company until the full payment of the price.
The information provided during the order is binding on the Customer. In the event of incorrect information resulting in the impossibility of delivering the order, the Company can not be held responsible. The products are delivered to the address of delivery which was indicated at the time of the order and within the time indicated in the email of confirmation of order. This delay does not take into account the time required to prepare the order. When the Customer orders several products at the same time they may have different delivery times forwarded according to the following modalities:
In the event of delayed shipment (for any reason whatsoever, including but not limited to unavailability of the product), the Customer will be informed by email of the reason for the embarrassment as well as the actions carried out by the Company to ship at the most quick. In case of delayed delivery, the Customer has the possibility to cancel the order, by registered letter with request for advice of delivery addressed to the Company to the following address: Besight, 88 Boulevard Jourdan – 75014 Paris – France , Or by writing on another durable medium if, after the Company has been directed, within the same terms and conditions, to make the delivery within a reasonable period of time, the Company has not executed within that period. In the event of such cancellation, the order shall be considered canceled upon receipt by the Company of the letter or writing informing it of such cancellation, unless the Company has executed in the meantime. The Company then refunds the amount of the order within fourteen (14) days of the date the order was denounced.
The Company provides a telephone contact point (cost of a local call from a fixed line) indicated in the order confirmation email in order to follow up the order.
The shipping time begins running once the Order is fully set. The Company recalls that at the time the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Client’s responsibility to notify the carrier of any reservations to the product delivered (missing or damaged product) in accordance with the terms and conditions set out below. The postal charges which the Customer would have, if necessary, incurred to return the parcel will be refunded to him on presentation of a proof of payment.
The Company strives to meet the expectations of its Customers and offer the Customer quality products. If Customer’s order is non-compliant, the Customer must send the delivered product (s) to the Company within fifteen (15) days by mail to the following address: Besight, 88 Boulevard Jourdan – 75014 Paris – France.
For defects of conformity, the Customer must indicate to the Company in the letter the following particulars:
- The order number;
- His name, first name and address;
- The defects found.
If the lack of conformity is proven, the Customer will obtain the replacement of the product.
Pursuant to Articles L. 221-18 et seq. Of the French Consumer Code, the Customer has fourteen (14) days to exercise his right of withdrawal, without having to justify reasons or to pay penalties, With the exception, where appropriate, of the costs of return. The above-mentioned period runs from the receipt of the products by the Customer.
The right of withdrawal may be exercised by contacting the Company by means of an unambiguous statement sent by email to the following address: contact [at] besight.fr or by mail to the following address: Besight, 88 Boulevard Jourdan – 75014 Paris – France. To this end, the Customer may use the template of the withdrawal form, as annexed to article R. 221-1 of the French Consumer Code and reproduced hereafter. In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event that the right of withdrawal is exercised within the aforementioned period, the Company shall reimburse the Client for all payments received without undue delay and in any case no later than fourteen (14) days from the date on which Company is informed of the Customer’s decision to retract. The Company will proceed to the refund by bank transfer to the bank account of the Client after receipt by the Company of the customer’s bank account. This reimbursement will not incur any costs for the Customer.
* * *
RETRACTION FORM MODEL
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts here his / her name, geographical address and, where available, his / her fax number and e-mail address]:
I / we (*) hereby notify (*) that you have withdrawn from the contract for the sale of the property (*) / for the provision of services (*) below
Ordered on (*) / received on (*)
Name of Consumer (s):
Address of Consumer (s):
Signature of Consumer (s) (only if paper form is notified):
(*) Delete as appropriate.
All products that are delivered to the Customer benefit from the legal guarantee of conformity (articles L.217-1 et seq. Of the Consumer Code) and the guarantee against latent defects (articles 1641 et seq. Of the Civil Code), in accordance with Legislation.
Article L. 217-4 of the Consumer Code:
” The seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue.
It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. ”
Article L. 217-5 of the Consumer Code:
” The property is in conformity with the contract:
(1) If it is suitable for the customary use of a similar good and, where applicable:
– it corresponds to the description given by the seller and possesses the qualities which he has presented to the purchaser in the form of a sample or a model;
– if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
(2) Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted .
Article L. 217-12 of the Consumer Code:
” Action resulting from lack of conformity shall be prescribed by two years from the date of issue of the goods .”
Article 1641 of the Civil Code:
” The seller shall be liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish such use that the buyer would not have acquired it, Would have given a lesser price if he had known them. ”
Article 1648, paragraph 1 st of the Civil Code:
” The action resulting from the redhibitory defects must be instituted by the purchaser within two years from the discovery of the defect. ”
Claims for warranties must be addressed to the Company by e-mail at the following address: contact [at] besight.fr, with the subject “CLAIMS”, or by mail to the following address: Besight , 88 Boulevard Jourdan – 75014 Paris – France.
The Company makes no express or implied warranty, including, without limitation, the continuity, performance and / or durability of the Site and / or the adaptation and / or compliance of Any part of the Site for any particular purpose or the needs of the Customer. The Site is distributed as is and according to availability.
Access to the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular as regards technical performance, response times for consulting, interrogating or transferring information, risks of interruption, and More generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misappropriations and the risks of contamination by possible viruses circulating on the network. The Company does not warrant that the functions contained on the Site and any content or other elements contained therein will be available at all times, uninterrupted or without error, that any defects or errors will be corrected immediately or that the Site or its server will be Free from viruses, worms, trojans or any other components that may cause damage.
The liability of the Company can under no circumstances be incurred:
- In the event of delay or inability to deliver the product (s) due to incorrect or incomplete information in entering the information concerning the Customer at the time of placing of order;
- In the event of an error on the part of the Customer in the validated order;
- In case of fault or failure of the Customer in the use of the product (s) after its (their) delivery.
The use of the Site by the Customer does not in any case commit the responsibility of the Company, in any capacity whatsoever. Connection to the Site and its use are the sole responsibility of the Customer.
The Customer is solely responsible for the proper use, with discernment and spirit, of the Site. No advice and no information, whether oral or written, obtained by the Client during the use of the Site are likely to create guarantees not expressly foreseen by the GTS.
The Customer is responsible for any damage to its computer system or loss of data that may result from the use of the Site. It is the Customer’s responsibility to take all appropriate measures to protect its own data and / or software stored on its computer equipment against any attack.
The Customer acknowledges that the Company remains free to correct and / or modify the Site and its contents at any time and without notice, without this correction and / or modification being entitled to any recourse on the part of the Customer.
Finally, the liability of the Company can not generally be incurred in all cases where the non-performance or poor performance of its services and / or obligations results from a case of force majeure or fortuitous event independent of his will.
The Site and / or all elements on the Site (including texts, images, videos, logos, photographs, etc.) are protected by intellectual property rights (including, in particular, all copyrights, , Trademarks, designs, databases, domain names and any other existing or future intellectual property rights, French and international) and belong to the Company or to third parties who have authorized the Company to exploit them. Use of the Site does not give the Customer in any way a right of ownership or an intellectual property right on the Site and / or the elements on the Site with the exception of a personal right of access, free and Not exclusive, limited exclusively to the consultation of the Site and the elements located on the Site. Any reproduction or representation of the whole or part of the Site or of all or part of the elements on the Site without the prior written agreement of the Company constitutes a violation of the intellectual property rights of the Company and / or third parties and is liable Civil and criminal prosecution.
The personal data communicated by the Customer are necessary for the access to the order forms, their validation and payment by the Customer, the management and follow-up of orders and deliveries by the Company, the response to the Customer’s requests by the Company, As well as to facilitate the identification and navigation of the client on the Site and for statistical purposes. This information is strictly confidential and intended exclusively for the Company. The Company undertakes not to assign, lease or transmit the personal data of the client to third parties other than the host of the Site, unless legal or judicial obligation to do so. The personal data of the Clients shall be retained for the time necessary for the purpose of the processing, as provided for above. The Site has been the subject of a declaration to the French National Commission for Information Technology and Liberties (“CNIL”), in accordance with the French Law No. 78-17 of January 6, 1978 as amended (“Data Protection Act” ).
The fulfillment of the Seller’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which would prevent its execution. The Company will notify the Customer of the occurrence of such an event as soon as possible.
All the clauses in these general conditions of sale, as well as all the buying and selling transactions referred to herein, will be governed by French law.
16.1. Independence of clauses. In the event that one or more provisions of the General Terms and Conditions of Business are held to be invalid or declared to be invalid by law, regulation or as a result of a decision of a competent court having become final, the other provisions of the GTC Nevertheless retain their full force and reach.
16.2. No waiver. The failure of either party to avail itself at any time of any of the provisions of the General Terms and Conditions shall not be construed in the future as a waiver of its rights hereunder .
16.3. Value of securities. The headings and subheadings of the articles of the General Terms and Conditions are for reference only and do not limit the scope of the corresponding articles.
16.4. Archiving and proof . The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with article 1348 of the Civil Code. Unless proved otherwise, the data recorded by the Company constitute proof of all the transactions.
16.5. Complaints . For any request relating to an order in progress or the GTC, the Customer is invited to contact the Company by post, at the postal address indicated in Article 1 above, by telephone on 06 45 15 82 40, or By sending an e-mail to the following address: contact [at] besight.fr, taking care to specify the date and number of the order in question in the “object” heading.