Terms of sale
These general conditions of sale aim to define the rights and obligations of By Radouane and of the Customer of products presented by By Radouane on its site www.by-radouane.com (hereinafter “the Site”). They apply exclusively between the company By Radouane, 33 Bis avenue Giacobi, 06300 Nice, Siret: 879 537 702 00018 (hereinafter "By Radouane") and any individual consumer visiting or making a purchase via said Site ( hereinafter “the Client”).
On the Site, By Radouane allows the Customer to order By Radouane brand products online (hereinafter “the Product(s)”) in accordance with these general terms and conditions.
Any order placed with By Radouane therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by By Radouane, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address:
https://by-radouane.com/policies/terms-of-sale in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the By Radouane website and accompanied by a description.
2.2. The Products offered by By Radouane comply with the standards applicable in France.
Items such as, in particular, photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, By Radouane cannot incur any liability in the event of error or omission of any of these elements or in the event of modification of the said elements by the suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to By Radouane the real and necessary information for the performance of the service covered by these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone. and valid email.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the recovery of which would be unlawful.
3.3. Once the order has been placed, By Radouane sends the Customer an e-mail confirming it. He informs him of the dispatch of the Products.
3.4. The Customer can modify his data in the "my account" section.
4.1. Any order will only be validated after acceptance of payment.
4.2. By Radouane reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.3. By Radouane can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation.
If, despite By Radouane's vigilance, the products are unavailable, By Radouane will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, where applicable, for the sums already paid.
Definitive or temporary unavailability cannot in any way engage the responsibility of By Radouane, nor can it give rise to any right to compensation or damages in favor of the Customer.
5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the recording of the order.
6.1. By Radouane delivers its Products in France and in all countries of the European Union and can, on request, deliver to any country.
The products are sent to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes , names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgment of receipt and request reimbursement of his order.
If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, By Radouane will refund the item and the shipping and return costs, upon receipt of the item. ci, complete, in its original condition and with all tags.
By Radouane undertakes to inform the Customer of the progress of the processing of his order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and By Radouane, by any means, of any reservations within 3 days of receipt of the product.
By Radouane cannot be held responsible for the consequences due to a delay in delivery not being its fault.
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or installment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), with his PayPal account, in accordance with the provisions of this article.
By Radouane does not accept payment by check. The customer will have to go to the other means of payment offered.
For any transaction, the Customer will indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his credit card number constitutes authorization for By Radouane to debit his account for the amount of his order.
No cash on delivery will be accepted, whatever the reason.
By Radouane retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by By Radouane are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), all the information that Customers communicate to By Radouane is strictly protected and guarantees the compliance and security of each transaction.
8. RETURNS AND REFUNDS OF PRODUCT(S)
RIGHT TO RETRACT
Within fifteen (15) days of receipt of their order, the Customer may ask By Radouane to return the Product(s). This period is exceptionally extended to thirty (30) days over the Christmas period.
The Customer must return the Product(s) at his own expense, except in the event that he has received a product with a manufacturing defect or which does not correspond to the Customer's initial order. In this case, the Customer must contact customer service at: firstname.lastname@example.org to obtain a prepaid return slip.
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed.
Please send your return to the following address:
33 Bis Avenue Giacobi - 06300 Nice - France
If the Customer fails to comply with these conditions, in particular the return conditions, By Radouane will not be able to refund or issue a credit note for the Products concerned.
9. WARRANTIES AND LIABILITY
By Radouane has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. By Radouane cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance to law and case law.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of By Radouane.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of By Radouane.
The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products where applicable, or register a trademark that would prejudice the holder of the rights, unless otherwise provided by contract.
The same applies to any other intellectual property right.
11. WARRANTIES AND LIABILITY
By Radouane undertakes to use the confidential information of Customers only in the context of the operation of its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
As such, information concerning him may be communicated to technical service providers of By Radouane.
In addition, By Radouane may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracing the number of visitors to certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right to access and rectify the personal data concerning him appearing in the files of By Radouane. Any request must be sent by e-mail to: email@example.com or by post to the following address: By Radouane, 33 bis avenue Giacobi, 06300 Nice, FRANCE.
12. FORCE MAJEURE
In the event of the occurrence of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. business, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
13. GENERAL PROVISIONS
13.1. PARTIAL NON-VALIDITY OF A CLAUSE
If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other stipulations.
These general conditions may be modified at any time and without notice by By Radouane, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address: https://by-radouane.myshopify.com/admin/settings/legal in a computer format allowing them to be printed and/or downloaded, so as to so that the Customer can reproduce or save them.
13.3. APPLICABLE LAW – JURISDICTION
These general conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding plurality of defendants or warranty claim.
13.4. : REPRODUCTION OF APPLICABLE TEXTS (ORDINANCE 2005-136 OF FEBRUARY 17, 2005, CONSUMER CODE, CIVIL CODE)
Art. L.211-4. of the Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Art. L.211-5. of the Consumer Code
- To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L.211-12. of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Nature. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or does not would have given a lesser price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
You can contact By Radouane by phone at 06 78 66 90 63