Legal notices
GENERAL TERMS AND CONDITIONS OF SALE – GTC
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (sometimes called GTC hereinafter) apply, without restriction or reservation, to any purchase on the website WWW.BESHAP.COM, owned by the brand BESHAP.
These General Terms and Conditions of Sale or GTC apply without prejudice to any other so-called "Specific Terms of Sale" conditions, which notably include the information contained on an order form and the page presenting an item sold in its different variants and components.
These GTC are accessible at any time on the website and will prevail, if applicable, over any other version or any contradictory document.
The Client is any natural or legal person using the site WWW.BESHAP.COM for the purpose of purchasing merchandise or subscribing to a service displayed there and has completed the process allowing the acquisition of ownership of said merchandise or service.
The Client declares having read these General Terms and Conditions of Sale and accepted them before starting the online ordering procedure.
The Client declares to have full legal capacity allowing them to commit under these GTC.
These GTC may be subject to changes at any time. The version applicable to the purchase made by the Client is the one displayed on the website at the date of their order.
here sometimes called "the Seller", "we" or WWW.BESHAP.COM
and any person beginning the execution of the purchase act of one of the items displayed on the website WWW.BESHAP.COM (hereinafter referred to as WWW.BESHAP.COM), hereinafter referred to as the "Client" or "You".
ARTICLE 2 - FEATURES OF THE ITEMS
Each item has its own sales page sometimes called a "product page".
The main features for each of the items are presented on WWW.BESHAP.COMvia a dedicated page, the product page. They are distributed and accessible by "categories" according to their intended use and are arranged by "collections" based on the idea of coherence that BESHAP has of its commercial offer.
The Client is required to review these characteristics before any order.
The choice and purchase of one or more items are the sole responsibility of the Client.
The items offered for sale are those on the site on the day the Client places their order.
The Client is deemed to have consulted the product pages of the ordered items.
ARTICLE 3 - ORDERS
3.1. Placing an order
Orders are placed on the website WWW.BESHAP.COM
The Client selects on the site the items they wish to order, according to the following criteria:
- Information on the main characteristics of the item(s);
- Choice of payment methods;
- Verification of the order and correction of errors if applicable;
- Identification of the Client by means of their personal data;
- Acceptance of these General Terms and Conditions of Sale;
- Choosing payment methods and actual payment of the selected item(s) by the Client;
- Sending an order confirmation email to the Client;
- Sending access codes to the platform.
The sale of the items will only be considered completed after sending the confirmation to the Client of the acceptance of the order by BESHAP through an email and after the full payment of the total order price has been received by BESHAP.
Any order placed on the website constitutes the formation of a contract concluded remotely between the Client and BESHAP. Unless proven otherwise, the data recorded in the BESHAP computer system constitutes conclusive evidence of all transactions made by BESHAP and the Client via the website.
The information provided by the Client when placing the order binds them. Thus, the responsibility of BESHAP cannot in any way be sought or engaged in the event that an error during the order placement prevents or delays the execution or delivery of the goods.
3.2. Order modification
No modification of the order by the Client will be possible after its confirmation by BESHAP, which is expressly accepted by the Client, subject to the provisions of article 9 of these GTC.
3.3. Order cancellation
BESHAP reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order on the website or with BESHAP.
Similarly, BESHAP may refuse or cancel an order placed by a Client when there is a legitimate reason to suspect that the order is not legitimate or reflects an illegal maneuver such as unauthorized use of payment methods belonging to another person than the one placing the order.
BESHAP may require the Client who placed the order to provide documents or proof attesting to their identity, their legal capacity to contract the purchase, or proving that they are legitimately authorized to use the payment methods used for the order.
ARTICLE 4 – PRICES
Items are supplied at the prices in effect on the website on the day the order is recorded.
Unless otherwise stated, prices are expressed in Euros and including all taxes (VAT included).
The prices take into account any discounts that may be granted by BESHAP under the conditions specified elsewhere on the site or on the product page.
These prices are firm and not subject to revision during their validity period, as indicated on the website. BESHAP reserves the right, outside this validity period, to modify prices at any time.
An invoice is issued by BESHAP and sent by email to the Client upon confirmation of the order being accepted.
ARTICLE 5 – PAYMENT
Payment for the order is made by bank card (Bleue, Visa, Mastercard, American Express) or by PAYPAL.
Payment is made in full and in cash on the day the order is placed by the Client if the items are not eligible for installment payment.
The price paid by the Client corresponds to the sum of the prices of each ordered item and the services subscribed to at the time of order validation such as insurance, express delivery, priority order processing, contractual warranties, warranty extension… this list not exhaustive.
BESHAP reserves the right, in case of non-compliance with the payment terms stated above, to suspend or cancel the supply of items ordered by the Client. The Client may in no case claim any compensation or refund on this account.
BESHAP cannot be held responsible in case of fraudulent use by third parties of the payment methods used.
Payments made by the Client will only be considered final after effective receipt by BESHAP of all amounts due.
The Client using payment methods belonging to a third party, victim of theft or extortion, risks a complaint filed by BESHAP and legal proceedings.
5.1 Access to the ordering platform
The items are accessible on the platform, website, or Application provided to the Client by BESHAP. The Client accesses the platform via a username and password received by email after payment confirmation or via a hyperlink redirecting to their order or cart. The username and password, as well as the hyperlink, are strictly personal and confidential. The Client is solely responsible for the confidentiality of their username and password once they have been delivered. It is their responsibility, when the option is available, to personalize and remember their password and usernames.
Access to the platform is individual. Consequently, it is available and valid for only one person. In the event it is provable or proven that the platform is used by multiple people under a single username and password, BESHAP reserves the right to suspend or interrupt the Client's access or to charge additional fees.
Furthermore, access to this platform is personal, non-transferable, and non-assignable. In case of non-compliance with this rule by the Client, BESHAP reserves the right to immediately revoke access to the platform, without the Client being able to claim any compensation or refund. The amounts already paid to BESHAP will remain acquired by them as compensation.
ARTICLE 6 - DELIVERY TERMS
The items are delivered to the delivery address indicated at the time of the order within the time frames specified on the product sheet of the ordered item(s).
This time frame does not include the order preparation time.
When the Client orders several items at the same time, they may have different delivery times and be shipped according to different methods.
In case of delivery delay, the Client has the option to terminate the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code.
BESHAP then proceeds with the refund of the items and the fees imposed on the seller by Article L 138-3 of the Consumer Code.
BESHAP reminds that at the moment the Client physically takes possession of the items, the risks of loss or damage to the items are transferred to them.
It is the Client's responsibility to notify the carrier of any reservations regarding the delivered items.
ARTICLE 7 - RIGHT OF WITHDRAWAL
After placing an order, the Client has a right of withdrawal resulting in BESHAP the obligation to refund the amounts paid within the framework and limits prescribed by the LAW No. 2014-344 of March 17, 2014 relating to consumption and more generally the laws governing the relations between Seller and Consumer applicable to residents of the European Union.
In the absence of specification in an email, a post on social networks, or the merchant website, the period during which a buyer can exercise their right of withdrawal is 14 calendar days from the date of purchase.
BESHAP does not cover the return shipping costs of goods when the Client exercises their right of withdrawal.
If BESHAP decides to cover these costs for a particular Client, this would only constitute a simple personal and occasional commercial gesture, granting neither the beneficiary nor anyone else an established right obliging BESHAP to cover shipping costs of goods when a buyer exercises their right of withdrawal.
In this case, BESHAP does not find it appropriate to extend the application of European law to persons who have placed an order outside the territories of the European Union.
Furthermore, BESHAP discretionarily decides the amounts of fees related to the delivery of goods in France or abroad. If it decides to grant free delivery in a given territory, deliveries to other territories may be charged at different rates.
The right of withdrawal is not applicable to WWW.BESHAP.COM only to physical goods covered by the aforementioned laws.
The buyer is aware that certain products sold on WWW.BESHAP.COM are underwear or clothing intended to be worn in direct contact with the skin and especially intimate areas of the human body. Therefore, they fall under the exceptions provided in Article L221-28 of the Consumer Code which excludes them from the right of withdrawal when their packaging has been opened because they cannot be returned for reasons of hygiene or health protection.
ARTICLE 8 – EXTENSION OF THE RIGHT OF WITHDRAWAL
Notwithstanding the provisions of Article 7 above, BESHAP may offer the Client an exorbitant period beyond the common law starting from the day of delivery of the ordered items to cancel the sale in the event that they are not satisfied with the items. In this case, the warranty applies only to the items designated by BESHAP.
The Client is reimbursed the full amount paid no later than thirty days from the date on which BESHAP covers the delivered goods.
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1. Objects and services concerned
BESHAP is the exclusive owner of all intellectual property rights attached to the texts, including these General Terms and Conditions of Sale, videos or sound content and e-books available on WWW.BESHAP.COM . No transfer of intellectual property rights is made through these General Terms and Conditions of Sale.
The Client does not have the right to use texts, videos or sound content and e-books for reproduction, modeling, adaptation, sharing or exploitation for personal purposes or for the benefit of third parties. Furthermore, the Client may not claim or receive any amount, with or without interest, derived from commercial exploitation by BESHAP of any content made available to the public on WWW.BESHAP.COM.
The Client accepts the principles and effects that any violation of this clause may cause financial harm to BESHAP who may claim compensation.
9.2. Website
All texts including these General Terms and Conditions of Sale, comments, works, illustrations, photographs, videos, soundtracks, trademarks, integrated into the website and embedded on the website WWW.BESHAP.COM are the exclusive property BESHAP and are protected by French and international laws governing intellectual property.
Any total or partial reproduction of this content is prohibited and may constitute an infringement offense.
ARTICLE 10 - LIMITATION OF LIABILITY OF BESHAP
10.1. Use of the website
BESHAP reserves the right to modify, suspend or discontinue the website WWW.BESHAP.COM as well as the platform and the articles at any time, with or without notice, without the Client or third parties being able to hold it liable due to the exercise of this right.
Without prejudice to the foregoing, BESHAP implements the means to ensure that the website and platform are functional and accessible at all times. However, its responsibility in this matter cannot be engaged in case of service interruptions due notably to the website host, payment method providers, force majeure, consequences of public authority actions, or in case of malicious acts initiated by third parties or hackers.
In case of anomaly discovered by the Client, they agree to notify BESHAP as soon as possible so that it can remedy it.
BESHAP does not guarantee that the use of the website WWW.BESHAP.COM and the platform will be uninterrupted and error-free, the Client accepts that BESHAP may periodically suspend access to the website or platform even for indefinite periods, or may withdraw access at any time to the website or the items sold without notice.
BESHAP does not guarantee that the website WWW.BESHAP.COM and the platform will always and at all times be protected against loss, corruption, attacks, viruses, interference, hacking, or any other security breach and declines all responsibility in this regard. The Client is aware and accepts that the use of a service or engaging in a commercial transaction via the Internet does not contain zero risk and waives seeking the responsibility of BESHAP in this case.
BESHAP cannot be considered responsible due to total or partial contractual non-performance caused by a fortuitous event beyond its control or the occurrence of force majeure making it totally or partially impossible to perform in good faith by BESHAP of its contractual or legal obligations.
10.2. Use of items purchased on WWW.BESHAP.COM
As for the functionalities of the items and the response to a need they are supposed to provide, BESHAP is only bound by an obligation of means. Consequently, it cannot be held responsible for the use and objectives that the Client wishes to achieve when ordering such or such item.
ARTICLE 11 - PARTIAL NULLITY
In the event that a provision of the General Terms and Conditions of Sale is invalidated for any reason, this invalidation shall have no effect on the validity of other provisions.
ARTICLE 12 - DATA PROTECTION AND FREEDOMS LAW
In application of the law 78-17 of January 6, 1978 , it is reminded that the personal data requested from the Client is necessary for processing their order and notably for issuing invoices. This data may be communicated to potential partners of BESHAP responsible notably for shipping, processing, managing, and payment of orders.
The Client has a permanent right of access, modification, correction, and opposition regarding the information concerning them.
In this case, the Client must send a letter and prove their identity, using the contact form available on the site WWW.BESHAP.COM.
ARTICLE 13 - JURISDICTIONAL COMPETENCE
The General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.
All disputes to which the purchase and sale operations concluded under these GTC may give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved amicably between the parties, fall under the jurisdiction of the courts of the location of the registered office of the company owner of BESHAP.
The Client is required, before any recourse to conventional mediation, notably with the Consumer Mediation Commission or the intermediary of sectoral mediation bodies or any other alternative dispute resolution method such as conciliation.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CLIENT ACCEPTANCE
The Client confirms having received communication, notably at the conclusion of the sales contract and in a clear and understandable manner, of these GTC and all the information listed by the consumer code, and notably the following:
- Essential characteristics of the items,
- Prices of items and additional fees;
- Information relating to the identity of the seller, their postal and electronic contact details, and their activities;
- Information relating to legal and contractual guarantees and their implementation procedures,
- Possibility to resort to conventional mediation in case of dispute;
- Information relating to the right of withdrawal;
- Accepted payment methods.
The fact for a natural or legal person to place an order on the website WWW.BESHAP.COM entails the full and unconditional acceptance of these General Terms and Conditions of Sale and the obligation to pay the exact price of the ordered items and subscribed services.