Terms & conditions

Article 1: Preamble

The present general terms and conditions of sale exclusively govern the commercial relations with our customers for the sales and services presented on the website “http://beaubleu.livenexx.net/” belonging to the company Beaubleu, a simplified joint stock company with a capital of 20,000 euros, whose registered office is located at 51 rue Gay Lussac, 75005 Paris and registered in the Paris Trade and Companies Register under number 832 046 866.

Any order implies prior consultation and acceptance without reservation of these general conditions of sale. These are accessible at any time on the company’s website via the following link: http://beaubleu.livenexx.net/terms-and-conditions/.

It is understood that persons considered legally incapable of contracting within the meaning of Article 1123 and following of the Civil Code, in particular unemancipated minors, must obtain the authorization of their legal representative prior to any order.

The present general terms and conditions of sale constitute the only agreement between the parties and prevail over any other document.

Beaubleu reserves the right to modify at any time the present terms and conditions of sale by publishing a new version on the website. The applicable general terms and conditions of sale are those in force on the date the order is placed.

Article 2: Products

In accordance with the provisions of Article L. 111-1 of the French Consumer Code, Beaubleu presents on its website the essential characteristics of the products it offers for sale.

The products presented by Beaubleu are offered and delivered while stocks last.

The photographs and graphics shown on the Beaubleu website are provided for information purposes only and do not constitute a contractual commitment on the part of Beaubleu to guarantee a perfect similarity between the product ordered and the product shown.

Article 3: Ordering

The customer selects one or more products from among those offered for sale and presented on the site. The customer must then place the product(s) in the shopping cart by clicking on the “add to cart” button.

The customer can access the summary content of the products in the basket at any time before the order is definitively validated in order to correct any errors in the data entry.

It is only after having checked the box accepting the general conditions of sale and the confirmation of the accuracy of the information provided that the order is recorded. This acceptance of the order becomes final by clicking on the “Order” button.

Beaubleu acknowledges receipt of the customer’s order as soon as possible in the form of an email summarizing the purchases sent to the email address given by the customer when validating the order.

As soon as the product is in stock, the order will be executed at the latest within five (5) working days as from the day following the one when the customer placed his order. In the event that, independently of Beaubleu’s will, the product ordered is unavailable, the customer will be notified as soon as possible. The customer will have the possibility to modify or cancel his order at any time before the receipt of the package, regardless of the delivery time.

The customer will then have the choice of either requesting an exchange of the product within fifteen (15) days of receipt, or being reimbursed.

When registering the personal details of the customer, the latter must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the recipient’s details, Beaubleu cannot be held responsible for the impossibility of delivering the product.

Article 4: Prices

Prices are indicated in Euros, all taxes included.

The value-added tax is that in force on French territory on the day of the order. Any change in the applicable rate may be reflected in the prices of the products.

In the case of a shipment outside the European Union and DOM-TOM, taxes may be charged upon receipt of the package by the customer. These taxes, which depend on the country, remain the responsibility of the customer. It is up to and recommended to the customer to carry out the necessary verifications and steps prior to the validation of the order.

The payment of the totality of the price must be realized at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.

Beaubleu cannot be bound by the display of an erroneous or obviously derisory price, whatever the reason.

Beaubleu reserves the right to modify its prices at any time, it being understood that the products will be invoiced on the basis of the prices in force at the time of the order.

Article 5: Payment

Products are payable in Euros on the day the Customer validates the order summary.

Beaubleu shall not be obliged to deliver the products ordered by the customer if the price has not been paid in full beforehand. Beaubleu will remain the owner of the ordered products until the price has been paid in full, it being understood that the transfer of risks takes place upon delivery of the products.

The authorized online payment methods are the following:

– Bank cards (VISA, MASTERCARD, AMERICAN EXPRESS)

The customer accesses a dedicated space provided by Stripe, which ensures the security and registration of the payment order. In this respect, the customer expressly acknowledges that the communication of his/her bank card number to Beaubleu via Stripe is tantamount to authorising the debiting of his/her account for the amount of the products ordered.

Whatever the method of payment used, Beaubleu will bear the occasional bank charges incurred by the payment, up to the limit of the management charges invoiced by Stripe. Any other fee, whatever the reason, will be charged to the customer.

Beaubleu reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment. Beaubleu reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

Beaubleu reserves the right to cancel any order when the customer’s IP address is located in a country different from the billing and/or delivery address.

The computerised registers, kept in Beaubleu’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 6: Delivery

Delivery is made to the delivery address indicated by the customer, it being specified that this address must be the customer’s home address or the address of any other natural person of his/her choice if this is clearly specified by the customer when ordering.

No delivery is assured in hotels, post office boxes or professional addresses.

The delivery of the products does not involve any expenses with the load of the customer, it is exerted on a purely free basis.

The products are delivered on the date or within the period indicated on the order form.

In the absence of any indication as to the delivery date, Beaubleu undertakes in any event to deliver the products within twenty-one (21) days from the date of validation of the order.

Upon receipt of the order, the customer is required to check the conformity of the products received with the order placed. The customer must imperatively report any anomaly concerning the delivery, in particular in case of damaged packages (missing or damaged products), within three (3) days following the reception of the products to the carrier and to Beaubleu. Any claim made more than three (3) days after receipt of the products will not be taken into account and Beaubleu will not be held responsible in any case. The customer may be required, at Beaubleu’s request, to return the non-conforming or damaged product. The return is made by post at the customer’s expense. Beaubleu reserves the right to refuse to serve a subsequent order in case of abnormal or abusive returns from the customer.

If the order is not delivered within twenty-one (21) days from the date of validation of the order, the customer will have the possibility to cancel the contract, in which case Beaubleu will proceed to the reimbursement of the sums paid. If this delay or failure can be justified or attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by the regulations, in accordance with Article L. 121-20-3 of the French Consumer Code, the fault will not be attributable to Beaubleu.

Beaubleu cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike of the postal services and means of transport and/or communication).

For postal shipments, the customer will be able to follow the delivery of his parcel online, via a number that will be provided by e-mail when the shipment is confirmed and that the customer can find in his account, under the heading “My Orders”. In case of problem, you can contact the company Beaubleu at the following address : http://beaubleu.livenexx.net/contact/.

Except in special cases or unavailability of one or more products, the delivery is made in one go.

Article 7: Right of Withdrawal

In accordance with the law, the customer has a period of fourteen (14) days from the date of shipment of the parcel to inform Beaubleu of the decision to withdraw, whatever the reason.

In order for the customer to request an exchange or a refund (without penalties) of the product(s), the product(s) must be returned by the customer in its original packaging and in perfect condition. The customer will have to join to the returned product a copy of the invoice or any other element allowing to identify the order of which it is about and its holder.

Items returned incomplete, damaged, deteriorated or soiled by the customer will not be refunded or exchanged. All products that have been worn cannot be returned.

Only the customer identified as such to Beaubleu can exercise this right, excluding any other person, and in particular the person receiving the delivery.

The return address is as follows

Beaubleu Paris – Beaubleu

Return service

51 rue Gay Lussac

75005 Paris

It is understood that the costs and risks of transport are at the customer’s expense.

All refunds are made within fourteen (14) days following the return of the package.

Article 8: Commercial guarantee

Beaubleu’s commercial guarantee applies to all the products offered on our website, at no extra cost. This commercial warranty applies from the date of purchase, as attested by a certificate of authenticity and warranty that accompanies our products. The 2-year warranty (parts and labor) applies to normal use. It does not cover wear and tear due to use. Breaks or deformations resulting from an accidental circumstance or the result of a shock or a use not in conformity with the instructions provided are not considered as normal use.

Article 9: Legal guarantees

Independently of the above contractual warranties, the seller remains liable for defects in conformity of the goods sold in accordance with articles L. 217-4 and following of the French Consumer Code:

• The customer has a period of two years from the delivery of the goods to act;
• The customer may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• For a period of two years after delivery of the goods, the customer shall be exempt from providing evidence of the goods’ non-conformity with the contract.

He also remains bound to the legal guarantee of hidden defects of articles 1641 and following of the Civil Code for which you also have a direct recourse against the seller.

“Legal guarantee of conformity” (extract from the Consumer Code)

• L. 217-4. “The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
• L. 217-5. “The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, if necessary :

– if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter”

• L. 217-9. “In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
• L. 211-12. “The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.”

“On the guarantee of defects in the thing sold” (extract from the Civil Code)

• “The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
• 1648 para. 1. The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

For the application of the legal guarantees, you can send us an e-mail to contact@beaubleu-paris.com or write to us at the address indicated in article 7.

Article 10: Applicable law and jurisdiction

The present general terms and conditions of sale are subject to French law. Any dispute shall be brought before the courts of the jurisdiction of Beaubleu’s registered office. In the event of a dispute or claim, the customer must first contact Beaubleu to obtain an amicable solution.

Article 11: Partial non-validation

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

Article 12: Data processing and liberties

The information and data concerning the customer are strictly necessary for the management of the orders, the execution and the follow-up of the commercial relations, as well as for internal statistics.

The name, first name and postal address are necessary for the sending of the parcels. The e-mail address and telephone number allow us to follow up on orders and to contact the customer easily if necessary.

The site beaubleu.livenexx.net has been declared to the CNIL under the receipt number “2141917 v 0”.

This data may be transmitted to companies involved in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept in order to pursue security, identification, improvement and personalization of services.

The customer’s purchase history is kept in order to provide him with a personalized follow-up in case of questions about his product, his warranty or contact with the after-sales service.

Regarding payment information, we only record information related to the transaction (nature of the payment method, date and time of validation, etc.) but never record the credit card identifier, PayPal identifier or other information. During a purchase, the customer is directly redirected to the secure pages of our banking partners (Stripe, PayPal or Alma).

The customer has at any time a right of access, rectification and opposition to the personal data concerning him, under the conditions provided by the law of January 6, 1978.

The customer is likely to receive, from Beaubleu, offers concerning products or services similar to those already ordered, or newsletters. The user will have the right to object at any time and at no cost, according to the terms and conditions specified in each mailing.

When a user completes a form on the Beaubleu website or subscribes to our newsletter, some of his personal data (name, first name, e-mail) are likely to be collected and processed. This data is strictly reserved for commercial and informative use.

By sending us their details, the user agrees to receive newsletters about our products, offers and news.

If a user adds one or more items to their shopping cart, without validating their order, we may contact them by e-mail to enable them to easily find their shopping cart and finalize their purchase. We do so with the aim of optimizing the user experience on our website.

If the user no longer wishes to receive such information, he/she may unsubscribe at any time by using the unsubscribe links included in each of our communications.

The user may also request the deletion or modification of his/her personal information at any time by contacting Beaubleu at the following address: contact@beaubleu-paris.com

The history of our exchanges is saved in order to provide the user with a quick and personalized response. Browsing information is used for strategic and optimization purposes in order to provide a more fluid reading and understanding of our website.