Terms of sale
These general conditions of sale aim to define the rights and obligations of By Radouane and 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 consumer who is a natural person visiting or making a purchase via the said Site ( hereinafter “the Customer”).
On the Site, By Radouane allows the Customer to order online products of the By Radouane brand (hereinafter “the Product (s)”) in accordance with these general conditions.
Any order placed with By Radouane therefore entails the unconditional acceptance by the Customer of these conditions. These general conditions can 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 their printing and / or downloading, so that the Customer can proceed to their reproduction or their backup.
2. PRODUCTS AND COMPLIANCE
2.1. The Products for sale are presented on the By Radouane site and accompanied by a description.
2.2. The Products offered by By Radouane comply with the standards applicable in France.
Items such as 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 be held liable for any error or omission of any of these elements or in the event of modification of said elements by the suppliers and / or publishers.
3. CLIENT'S OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to have parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to By Radouane the actual elements of information necessary for the performance of the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and valid e-mail.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the recovery of which would be illegal.
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 their 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 while stocks last. He informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
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, if applicable, the sums already paid.
The definitive or temporary unavailability can in no 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 apply), 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.
The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time the order is placed.
6.1. By Radouane delivers its Products to France and to all countries of the European Union and can deliver to any country on request.
The products are shipped 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 they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.).
In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may denounce the order by registered letter with acknowledgment of receipt and request the reimbursement of his order.
If the item was shipped before receipt of the cancellation of the order for a delivery delay of more than 7 days, By Radouane will reimburse the item and the shipping and return costs, upon receipt of the same. here, complete, in 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 open, missing products, etc.), the Customer agrees to notify the carrier and By Radouane, by all 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 that is not his fault.
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. 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 must 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 expiration date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for By Radouane to debit his account up to 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 in a secure manner. The payment solutions adopted by By Radouane are 100% secure. For payments by bank card (credit card, visa credit card and e-credit card), all the information that Customers communicate to By Radouane are strictly protected and guarantee the compliance and security of each transaction.
8. RETURNS AND REFUND OF PRODUCT (S)
RIGHT TO RETRACT
Within fifteen (15) days of receipt of his order, the Customer may ask By Radouane for the return of the Product (s). This period is exceptionally extended to thirty (30) days over the Christmas period.
The Customer must return the Product (s) at their own expense, except in the event that they have 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 the address: firstname.lastname@example.org to obtain a prepaid return slip.
The return is made at the risk of the Customer. 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 does not respect these conditions, in particular the return conditions, By Radouane cannot refund or issue a credit note for the Products concerned.
9. GUARANTEES AND LIABILITY
By Radouane has, for all stages of access to the site, from the ordering process to the shipment 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 fact qualified as force majeure, in accordance with to law and jurisprudence.
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 permission of By Radouane.
In general, all copyright, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of By Radouane.
The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the holder of the rights, unless otherwise provided by contract.
The same is true for any other intellectual property right.
11. GUARANTEES 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 from 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 tracking the number of visitors on certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him appearing in the files of By Radouane. All requests 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 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 force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, 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 performance 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 INVALIDITY OF A CLAUSE
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other provisions.
These general conditions can 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 proceed to their reproduction or their safeguard.
13.3. APPLICABLE LAW - COMPETENT COURT
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4. : REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
Art. L. 211-4. of the Consumer Code
The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- present the qualities that a Client can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between 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 lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent 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