(updated 09/11/2024)
Article 1 - LEGAL NOTICES
This site, accessible at the URL https://barje-paris.fr (the "Site"), is published by :
Barje, a simplified joint stock company with capital of €15,000, registered in the Paris Trade and Companies Register under number 880 628 078, with registered office at 22 rue de Mazagran, 75010 Paris, France, VAT number: FR06880628078
Hereinafter referred to as the "Operator").
The Site's Publishing Director is Inga Grinko.
The Operator can be reached at the following e-mail address: contact@barje-paris.fr
The Site is hosted by Gandi, SAS, with capital of 2 300 000 euros, registered with the R.C.S de Paris under number 423 093 459, whose registered office is located at 63-65 boulevard Masséna, 75013 Paris - Telephone: +33 (0)1 70 37 76 61.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale", or the "GCS") apply exclusively to the online sale of products offered by the Operator on the Site.
The GCS are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
The GCS are binding on the customer, who acknowledges having read and accepted them before placing an order. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.
Article 3 - DESCRIPTION OF PRODUCTS
The Site is an online sales site for women's ready-to-wear clothing (hereinafter referred to as the "Product(s)") open to any person acting as a consumer, i.e. any natural person acting for purposes unrelated to his or her commercial, industrial, craft or professional activity (the "Customer").
The Products presented on the Site are each the subject of a description (drawn up by the Operator) mentioning their essential characteristics. Any photographs illustrating the products do not constitute a contractual document.
Article 4 - CREATION OF THE CUSTOMER AREA
When placing an order on the Site, the Customer may, if he wishes, create a personal account. Once created, to access it, the Customer must identify himself using his e-mail address and his secret, personal and confidential password. It is the Customer's responsibility not to disclose his/her password. Customers undertake to keep all data strictly confidential and to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login (e-mail address) and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.
When registering, the Customer undertakes to :
- to provide true, accurate and up-to-date information at the time of entry into the service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.
- keep registration data up to date to ensure that it is real, accurate and up-to-date at all times.
Article 5 - ORDERS
The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of the Operator, a Product proves to be unavailable subsequent to the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :
- delivery of a Product of equivalent quality and price to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, customer orders are firm and final.
When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities desired. Customers can check the details of their order and its total price, and return to previous pages to correct the contents of their basket, if necessary, before validating it.
The customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them, and to confirm the terms and conditions and any delivery charges before paying for the order. Confirmation of the order implies acceptance of the GCS and constitutes the contract.
Contractual information relating to the order (in particular the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery.
Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log on to the Customer Area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
- The Customer would not respect the General Conditions in force at the time of his order;
- One of the Customer's previous orders is the subject of a dispute currently being processed;
- The Customer has not responded to a request for confirmation of his order sent to him by the Operator;
- The order is for quantities of Products in excess of a consumer's normal requirements.
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address contact@barje-paris.fr, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing an order (in particular name and delivery address) is binding. Therefore, the Operator cannot be held liable in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.
Orders are open to adults and minors under the condition that they are under the supervision of a parent or guardian with parental authority. Under no circumstances may an order be placed on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Orders are strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.
The Operator uses credit card & Paypal online payment solutions.
Orders can be paid for using the following payment methods:
Payment by credit card: Payment is made directly to the secure bank servers of the Operator's bank. The customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The customer's order is recorded and validated as soon as the bank accepts payment.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the sums due will result in immediate cancellation of the sale.
Payment by electronic wallet (Paypal type): The customer already has an account on the electronic wallet used by the Operator. The customer can use this account to pay for his order in complete security without having to communicate his bank details.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment center has given its approval of the transaction.
As part of the control procedures, the Operator may have to ask the customer for all documents required to finalize the order. These documents will not be used for any other purpose.
Article 7 - PRICE PAYMENT
The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.
Prices are payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - RESERVATION OF TITLE
The Operator remains the sole owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
Article 9 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Shipping costs are those specified when the order is finalized and are accepted when the order is validated.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order, as well as the time required by the carrier.
The Operator undertakes to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the period initially announced, the Operator will send an e-mail indicating the new delivery date to the Customer.
Products will be delivered to the address indicated by the Customer at the time of ordering. It is the Customer's responsibility to check that this address is correct. The Operator cannot be held responsible if the address communicated by the Customer is incorrect, thus preventing or delaying delivery.
Article 10 - RIGHT OF WITHDRAWAL
In accordance with the law, the customer has the right to withdraw from the contract within fourteen (14) days of receipt of the full order.
To exercise this right, the Customer must inform the Operator of his decision within this period, for example by e-mail to: contact@barje-paris.fr
To this end, the Customer may use the model withdrawal form attached hereto, but this is not obligatory.
The Operator will acknowledge receipt of the Customer's withdrawal request by e-mail.
Returns must be sent to the following address: Camille Dord - BARJE, 7 ter Rue Duperré, 75009 Paris, by Colissimo with signature required.
Any Product returned must be in its original packaging, in perfect condition, fit for resale, unused and with all accessories, if any, and within fourteen (14) days at the latest following communication of the decision to cancel.
The Operator undertakes to reimburse the Customer as soon as possible and at the latest within fourteen (14) days of being informed of the Customer's decision to withdraw. However, reimbursement may be deferred until the Operator has recovered the Products or proof of shipment.
Products will be reimbursed as follows:
- The order is returned in its entirety: the Operator refunds the price of the order, with the customer responsible for return shipping costs.
- The order is not returned in its entirety (the Customer retains one or more Products ordered): the Operator reimburses the price of the Product(s) returned, any shipping costs are not reimbursed and the Customer is responsible for return shipping costs.
- The Product is returned due to the Operator's responsibility: the Product, shipping and return costs are reimbursed.
Reimbursement may be made by the same means of payment used for the Customer.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the terms and conditions of withdrawal.
Article 11 - CUSTOMER SERVICE
The Customer may contact the Operator :
- by e-mail to contact@barje-paris.fr, indicating your name, telephone number, the subject of your request and the order number concerned.
In the event of any difficulty arising during the purchase of Product(s) on the Site, the Customer is invited to contact the Operator in order to reach an amicable settlement.
For orders placed on the Site, you can also submit any complaints to the dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the competent national mediators.
Article 12 - INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site's Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
The Operator reserves the right to take legal action against any person who fails to comply with the prohibitions contained in the present article.
Article 13 - LIABILITY
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.
The Operator may not be held liable for any inconvenience or damage inherent in the use of the Internet, a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with jurisprudence.
The Operator cannot be held responsible for hypertext links on the Site to other resources on the Internet. The Operator has no means of controlling the content of these third-party sites, and the Customer is hereby expressly informed of this. Consequently, the risks associated with such use are the full responsibility of the Internet user, who must comply with the specific conditions of use of each third-party website.
Article 14 - LEGAL GUARANTEES
All Products sold on the Site benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, as well as the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
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When the Customer acts within the framework of the legal guarantee of conformity :
- he has a period of two years from the delivery of the Product to take action;
- he/she may choose between repairing or replacing the Product, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;
- he/she does not have to prove the existence of the Product's lack of conformity during the twenty-four months following delivery of the good.
Customers are reminded that the legal warranty of conformity applies independently of any commercial warranty granted by the Operator.
The customer may also decide to invoke the warranty against defects in the item sold, as defined in article 1641 of the French Civil Code, within two years of discovery of the defect. In this case, the Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
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Article 15 - PERSONAL DATA
The Operator processes the customer's personal data for the purposes of entering into the contract, performing the contract, managing the contract and issuing invoices.
The Operator may also use the customer's personal data for the purposes of commercial solicitation, in accordance with the legal provisions in force. Personal data is processed in accordance with the Operator's Privacy Policy.
The recipient of the data is the Operator. However, the Operator reserves the right to transmit all or part of the customer's personal data to its subcontractors for the purposes of fulfilling the order (in particular, the delivery of Products).
In accordance with the applicable regulations, the Customer has various rights which he may exercise at any time, including in particular a right of access, a right of rectification, a right to erasure or limitation of the processing of his data.
To exercise these rights, customers should send their request by e-mail to barje@barje-paris.fr or by post to Camille Dord - Barje, 22 rue de Mazagran - 75010 Paris, mentioning their surname, first name(s) and contact details (telephone number and e-mail address). You may be asked to prove your identity.
The customer may lodge a complaint with the CNIL.
If the Customer does not wish to be contacted by telephone by companies of which he is not a customer, he can register on the www.bloctel.gouv.fr website.
Article 16 - GENERAL PROVISIONS
16.1. ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions of Sale constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the General Terms and Conditions of Sale be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to the present General Terms and Conditions of Sale does not invoke a breach by the other party of any of the provisions of the General Terms and Conditions of Sale shall not be construed as a waiver on its part to invoke such a breach in the future.
16.2. CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet at any time and without prior notice, as well as these General Terms and Conditions of Sale.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or cessations.
The General Terms and Conditions applicable to the Customer are those available on the date of the order. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any previous order, except with the express agreement of the Customer at the origin of a given order.
16.3. APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
16.4. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Terms and Conditions of Sale.
By ordering on the Site, the Customer confirms that he has read and accepted the General Terms and Conditions of Sale, thereby becoming contractually bound by the terms of these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions of Sale made by the Operator will not apply to any previous order, unless expressly agreed by the Customer at the origin of a given order.
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APPENDIX: WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
Attention: BARJE, 22 rue de Mazagran, 75010 Paris, contact@barje-paris.fr
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Received on :
Customer name :
Customer address :
Customer's signature (only if this form is sent on paper) :
Date :
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