Terms and Conditions of Sale
BEST OF BOTH WORLDS
SARL with capital of 5000 euros
Registered with the Melun RCS under SIRET number 844112516
Whose registered office is located at 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Tel: 01.83.62.21.42
1. Seller Designation
This site is accessible at the internet address ARTISTE.shop. It is published by Shopify.
BEST OF BOTH WORLDS customer service can be reached at the contact details indicated above.
2. General provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTCS".
2.1 Purpose of the GTCS:
The GTCS apply exclusively to the online sale of products from SARL BEST OF BOTH WORLDS on its sole e-commerce site ARTISTE.shop. They are written in French, and in case of doubt as to the interpretation of any translation, only the original French version shall prevail.
Together with the purchase order validated by the consumer, they constitute the contractual documents enforceable against the parties.
2.2 Scope of application of the GTCS
The GTCS exclusively govern online sales contracts for products from SARL BEST OF BOTH WORLDS (hereinafter, "the seller") to buyers qualifying as consumers (hereinafter, "consumers"). Together with the order confirmation email, they constitute the sole contractual document. Under no circumstances can they prevent the exercise of the right of withdrawal enjoyed by the consumer.
2.3 Availability and enforceability of the GTCS
The GTCS are made available to consumers on the ARTISTE.shop website.
The consumer acknowledges having accepted all of the GTCS without any reservation by validating the payment.
The validation of the order by its confirmation constitutes the buyer's acceptance of the GTCS in force on the day of the order. The retention and reproduction of the GTCS are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the GTCS
The seller reserves the right to modify the GTCS at any time, in whole or in part, without warning and without having to pay any compensation to the consumer.
In the event of modification of the GTCS, the applicable GTCS are those in force on the day of the order.
2.5 Severability clause of the GTCS
The eventual nullity of one of the clauses of the GTCS does not entail the nullity of the GTCS as a whole; only the clause deemed unwritten loses its effect.
The temporary or permanent inapplicability of one or more provisions of the clauses of the GTCS by the seller cannot be considered a waiver on its part of the other clauses of the GTCS, which continue to produce their effects, to its eventual advantage.
3. Products
3.1 Characteristics
Consumers who wish to do so can obtain additional information about a product by submitting a request to the seller's customer service.
The products offered for sale on the site each have a description outlining their essential characteristics, in accordance with Article L.111-1 of the Consumer Code.
A consumer who places an order in the absence of information about a product is deemed to accept it in the actual condition in which it will be delivered.
Differences may exist, including but not limited to, in the actual color of the product, its apparent material, and finishes (fasteners, buttons, seams, etc.). The consumer cannot invoke a slight modification to request a refund or exchange of a product.
Product information is provided subject to typographical errors.
3.2 Conformity
The products comply with the requirements of current French law relating to personal safety and health, fair commercial transactions, and consumer protection at the time of their placement on the market.
4. Price
4.1 Selling Price
The selling prices are indicated for each of the products offered for sale on the ARTISTE.shop website, in euros, all taxes included, excluding delivery, transport and/or preparation costs. Any additional costs are mentioned before order validation and are invoiced in addition.
The total amount due by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after an order has been placed by the consumer, the selling price of the product is that in force on the day the order was placed by the consumer.
5. Offer
Online sales offers are available to all consumers located in metropolitan France and Corsica.
Online sales offers are valid while stocks last (unless a specific duration is indicated).
Acceptance of the offer by the consumer is carried out according to the double-click process: the consumer clicks once to validate their basket, then is invited to click a second time to validate the order summary presented to them. This second click then allows them to access the secure payment page.
6. Order
6.1 Steps for concluding the online sales contract:
To place an order, the consumer must fill their virtual cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click on "add to cart".
The customer is then redirected to a summary page of their choices, allowing them to check their order and, if necessary, correct or modify it.
Once their choice is confirmed, they must click on the "validate order" button. This second click constitutes full and unreserved acceptance of the GTCS and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must enable the seller and the carrier to fulfill their obligations under the best possible conditions.
This includes, but is not limited to, the consumer's contact email address, full delivery address, name, first name, and telephone number.
The seller is released from all liability in the event of an entry error or partial or incomplete entry by the consumer, without prejudice to the guarantees against hidden defects or the commercial guarantee legally enjoyed by the consumer.
6.2 Order modification
Any modification of an order by the consumer after its confirmation is subject to the seller's acceptance and the availability of the requested products.
The modification request can only be taken into account before the order preparation. The preparation time is generally 24 (twenty-four) hours, but it can be shorter, and no guarantee can be given to the customer regarding this timeframe.
The seller is not obliged to take into account a late modification request (received after order preparation).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is an ongoing dispute (not yet definitively resolved).
In case of refusal, the consumer will be fully refunded within a reasonable period, and in any event within 30 (thirty) days.
6.4 Unavailability of ordered products
In the event of unavailability of one or more products in an order, the seller will inform the consumer within a reasonable time and offer a product of equivalent quality and price. If the consumer wishes, they can be reimbursed or receive a credit note usable on the site.
7. Contract
7.1 Conclusion
The sales contract is formed when the consumer double-clicks to validate their order.
7.2 Termination
The contract may be terminated by the seller in the following cases:
– Consumer's refusal to take delivery of ordered products,
– Resolution Return to sender of the package due to imprecise information provided,
– Non-payment of the price (without prejudice to any legal action against the consumer).
In all the cases mentioned, other than the legal right of withdrawal, any deposits paid remain with the seller as compensation.
8. Withdrawal
Upon receipt of the products, the consumer has a legal right of withdrawal of 14 (fourteen) days without having to justify their decision or pay any penalty.
Any return costs are borne by the consumer.
To exercise this right, the consumer must complete and send the withdrawal form at the end of these GTCS to customer service.
Following this request, the consumer is assigned a return number.
The consumer returns the products without undue delay, if they wish accompanied by the return number to facilitate the processing of their request, to the seller:
BEST OF BOTH WORLDS / DAVID GUETTA
621 Avenue Blaise Pascal
77550 Moissy-Cramayel
The consumer is refunded within 14 (fourteen) days following the date of receipt of the products, provided that the products have arrived at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and the return slip. A return that indicates that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product are borne by the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In the event of a shipment without signature not received by the seller, it is up to the consumer to provide proof of receipt of the product.
Without this proof, no refund can be made. No refund will be processed if the returned product has not reached the seller.
Therefore, we strongly recommend that all consumers who wish to make a return request a registered delivery with a declaration of the product's value and insurance, and delivery against signature.
Proof of delivery is then constituted by the affixing of the BEST OF BOTH WORLDS company stamp on the registered letter or by the signature of the returns manager.
8.1 Mediation
In accordance with article L. 612-1 of the Consumer Code, within one year of their written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, to
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr,
email: contact@sasmediationsolution-conso.fr
9. Payment
The price is due in full after order confirmation.
Payment is made on an independent secure platform.
The consumer's banking information is not accessible to the seller. It does not pass through any of its servers. Only trusted third parties responsible for encryption digitally process this information to ensure perfect transaction security and optimal protection of banking data.
The provisions of Article 1359 of the Civil Code are inapplicable to distance sales.
BEST OF BOTH WORLDS accepts CB network, Visa, and Eurocard/Mastercard cards issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited at the time of order confirmation. For this purpose, they guarantee that they are the holder of the bank card to be debited and that the name appearing thereon is indeed theirs. The consumer must communicate the sixteen-digit number and the expiration date, appearing on the front of their bank card, as well as, if applicable, the numbers of the visual cryptogram appearing on the back.
10. Delivery
The seller undertakes to hand over the products to its carrier within 7 (seven) working days (excluding pre-orders) after full payment of the order has been received. This period is extended to 10 (ten) working days for the following periods: winter and summer sales, "flash" and private sales operations, end-of-year holidays (from December 1st to January 10th).
Delivery delays cannot give rise to the payment or claim of compensation from the seller in the event that such a delay is either attributable to the consumer, or due to an insurmountable and unpredictable act of a third party to the contract, or to a case of force majeure.
Products are delivered to the address indicated by the consumer on the order form.
A consumer who accepts a product without making reservations to the carrier accepts it as is. They are then deprived of any possibility of making a claim regarding the delivery.
In case of deterioration or partial loss of the product, the consumer must imperatively make reservations upon receipt on the delivery note, a duplicate of which is sent to the professional seller, and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must send a complaint to customer service to obtain a replacement product or possibly the cancellation of the sale.
11. Warranties
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's choice, to refund or exchange defective products or products that do not match their order.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS / DAVID GUETTA
621 avenue Blaise Pascal
77550 Moissy-Cramayel
Products covered by warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by ARTISTE customer service.
The consumer will be reimbursed for return postal costs no later than thirty days after receipt of the product by the seller.
12. Liability
12.1 Transfer of ownership and transfer of risks
Ownership of DAVID GUETTA products will only be transferred to the consumer after full payment of their price by the consumer.
The transfer of risks to the consumer, however, will only occur upon delivery, i.e., at the time of delivery of the DAVID GUETTA products to the delivery address indicated by the consumer.
12.2 Exemption from liability
The seller's liability cannot be engaged in case of non-performance or poor performance of the contract due to either the act of the buyer, or the insurmountable and unforeseeable act of a third party to the contract, or force majeure.
Proof of its obligation is provided by the production of the deposit slip for parcels to the carrier.
12.3 Defective product
In the event of damage caused by a defective product, the consumer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.
13. Termination clause
The termination of the order in the cases provided for in these GTC will be pronounced by registered letter with acknowledgment of receipt and will be acquired by right without judicial formality.
14. Intellectual property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All texts and images presented on the seller's online sales site are reserved, worldwide, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general terms and conditions of sale.
Any reproduction and any distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings for counterfeiting.
15. Dispute resolution
All claims must be sent to the following address:
BEST OF BOTH WORLDS / DAVID GUETTA
621 avenue Blaise Pascal
77550 Moissy-Cramayel
In the event of a dispute between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller to resolve the dispute, without the intervention of a third party, whether natural or legal.
16. Territorial jurisdiction
For any dispute relating to an order placed on the ARTISTE.shop online sales site, for any dispute relating to these GTC, the competent court will be that of the seller's domicile.
17. Applicable law
The parties agree to resort to mediation to try to find an amicable solution to their dispute and to resort to justice only in case of failure of the mediation.
These GTC are subject to French law.