General Terms and Conditions

Terms and Conditions of Sale

Preamble 

These general terms and conditions of sale apply to all sales concluded on The Bichette website.

The website www.thebichette.com is a service provided by:
· The company SAS The bichette with a capital of €1000
· located at 54 Rue Rubens 59118 Wambrechies, France
· website URL: www.thebichette.com
· e-mail: contact@thebichette.com
· telephone number: 06.77.21.90.50
The The bichette website sells the following products: women's ready-to-wear & accessories.
The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. Validating the order therefore implies acceptance of the general terms and conditions of sale.
 
Article 1 – Principles

These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them unreservedly.
These general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or sales through other distribution and marketing channels.
They are accessible on The bichette website and will prevail, if necessary, over any other version or any other conflicting document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.
Should a condition of sale be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France.
These general terms and conditions of sale are valid until October 1, 2023.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from The bichette website.
These conditions only concern purchases made on The bichette website and delivered exclusively in metropolitan France or Corsica. For any delivery to overseas departments and territories or abroad, a message should be sent to the following e-mail address: contact@thebichette.com.
These purchases concern the following products: women's ready-to-wear & accessories.

Article 3 – Pre-contractual Information

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all information listed in Article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:
– the essential characteristics of the good;
– the price of the good and/or the method of calculating the price;
– if applicable, any additional costs for transport, delivery or postage and any other possible charges;
– in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the good, regardless of its price;
– information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.

Article 4 – The Order

The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the ordered product or good.
For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
– after the seller sends the buyer an email confirming acceptance of the order;
– and after the seller has received the full payment.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably default of payment, incorrect address, or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer can call the following telephone number: 0643425705 (cost of a local call), on the following days and times: Monday to Friday, from 9 am to 6 pm, and Saturday from 9 am to 12 pm, or send an email to the seller at the following email address: contact@thebichette.com.

Article 5 – Electronic Signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
–  payment of amounts due under the purchase order;
–  signature and express acceptance of all operations performed.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as such use is discovered, to contact the seller at the following telephone number: 0643425705.

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation via email.
 
Article 7 – Proof of Transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 – Product Information

The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.
Product photographs are not contractual.

Article 9 – Price
 
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery charges, which are billed additionally and indicated before the order is validated. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increasing or decreasing, this change may be passed on to the selling price of the products.

Article 10 – Payment Method
 
This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their discretion, all payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have any necessary authorizations to use the payment method chosen by them, when validating the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of credit card payment authorization from officially accredited organizations or in case of non-payment. The seller notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
Payment of the price is made in full on the day of the order, according to the following terms:
– credit card
– PayPal
 
Article 11 – Product Availability – Refund – Resolution

Except in cases of force majeure or during periods of online store closure, which will be clearly announced on the website's homepage, shipping times will be, within the limits of available stock, those indicated below. Shipping times run from the order registration date indicated in the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delay is 2 days from the day following that on which the buyer placed their order, according to the following terms: By Colissimo, Mondial Relay, or courier. At the latest, the delay will be 30 working days after the conclusion of the contract.
For deliveries to overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, formally request the seller to execute it within a reasonable additional period.
Failing execution upon expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or written document informing them of this resolution, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest from their payment, or an exchange of the product.

Article 12 – Delivery Methods

Delivery means the transfer of physical possession or control of the goods to the consumer. Ordered products are delivered according to the methods and deadlines specified above.
Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer may, upon request, obtain an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, allowing the package to be collected at the indicated place and time.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused as open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).< This verification is considered completed once the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier at the latest within two working days following the receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
In the event that the customer does not collect the package within the time limits specified by the carrier (particularly at a relay point), the package will be returned to the sender. In this case, the refund will only cover the amount of the returned items, excluding outbound delivery costs, as these correspond to a fully executed service. Return or re-shipment fees may also be charged to the customer.

Article 13 – Delivery Errors
 
The buyer must inform the seller on the very day of delivery or at the latest on the first working day following delivery, of any claim for delivery error and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made beyond this period will be rejected.
The claim can be made, at the buyer's choice:
– by phone at the following number: 0677219050;
– by email at the following address: pro@thebichette.com.
Any claim not made according to the rules defined above and within the deadlines will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé (registered Colissimo), to the following address: 5046 Route Nationale, 59480 Illies, France.
Return shipping costs are borne by the seller for purchases made by credit card, Visa, or Mastercard. For more information, visit the Free Returns page.

Article 14 – Product Warranty

Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
–  the buyer has a period of 30 days from the delivery of the good to act;
–  the buyer can choose between reimbursement or replacement of the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

Article 15 – Right of Withdrawal 

Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled, worn, or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded. Outbound delivery costs, if incurred, are not covered by the refund policy and will remain the responsibility of the buyer.
As provided for in the commercial policy, return costs are borne by the seller.
The exchange (subject to availability) or refund will be made within 14 days, from the receipt, by the seller, of the products returned by the buyer under the conditions provided above. The right of withdrawal during sales periods is, of course, allowed. The refund will take place under the same conditions as a standard return. However, €4 will be deducted from your refund. This €4 deduction contributes to the return costs of your order.
It is possible that you may benefit from free delivery from a certain amount on our The Bichette website. In case of an item return, a deduction for outbound shipping costs may occur if the order falls below the threshold set for free shipping. We will use the current rate available on our website depending on the delivery method chosen when placing the order.

Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– for the supply of goods made to the consumer's specifications or clearly personalized;
– for the supply of goods liable to deteriorate or expire rapidly;
– for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons;
– for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the normal execution of their obligations are considered as grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately inform the other party of their occurrence and their disappearance.
Shall be considered as force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonable efforts. Explicitly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blocking of transport or supply means, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, who is the sole holder of intellectual property rights over this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Article 18 – Data Protection and Freedoms

The personal data provided by the buyer are necessary for the processing of their order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via The bichette website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and opposition concerning the information about them. This right can be exercised under the conditions and according to the procedures defined on The bichette website.

Article 19 – Partial invalidity

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 – Headings

In the event of difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings shall be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may have recourse to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The mediator's names, contact details, and email address are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These general conditions are subject to French law. The competent court is the judicial court.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.

Appendix:

Consumer Code

Article L. 217-4: "The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.
The seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was carried out by the seller under the contract or under the seller's responsibility."

Article L. 217-5: "The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted."

Article L. 217-6: "The seller is not bound by the public statements of the producer or their representative if it is established that the seller was not aware of them and could not legitimately have been aware of them."

Article L. 217-7: "Defects in conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the goods or the alleged defect in conformity."

Article L. 217-8: "The buyer is entitled to demand conformity of the goods with the contract. However, they cannot contest conformity by invoking a defect they knew or could not have ignored when they entered into the contract. The same applies when the defect originates from the materials they themselves supplied."

Article L. 217-9: "In the event of a defect in conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Article L. 217-10: "If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have a part of the price refunded. The same option is available to them: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use they seek. However, the sale cannot be rescinded if the defect in conformity is minor."

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without any cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

Article L. 217-14: "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable goods, according to the principles of the Civil Code.

Article L. 217-15: "Commercial warranty means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service related to the goods, in addition to its legal obligations to guarantee the conformity of the goods.
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the sold item, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, are fully reproduced in the contract.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to avail themselves of it."

Article L. 217-16: "When the buyer requests from the seller, during the commercial warranty granted to them upon the acquisition or repair of movable goods, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention."

Civil Code

Article 1641: "The seller is bound by the warranty against hidden defects in the sold item that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them."

Article 1648: "The action resulting from redhibitory defects must be brought by the acquirer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities."