Conditions of use
General Terms and Conditions of Sale for the website "barbara.fr"
(version in effect on 1 October 2014)
The BARBARA SAS Group (hereinafter referred to as "BARBARA"), French manufacturer of high end lingerie since 1926, is pleased to complete its multi-brand sales network and to henceforth also accommodate its Customers in its Online Shop.
Collectively, the Customer and BARBARA shall be referred to as the "Parties"; individually, they shall be designated by the term "Party".
The "Customer" shall be an end consumer, natural person of legal age, resident in mainland France, buying/having bought one or more products via the Online Shop.
The "Site"/the "Online Shop" shall designate the commercial website accessible at the address www.barbara.fr, operated by BARBARA and via which BARBARA offers its Products for sale.
The BARBARA lingerie products offered via the Site shall be designated collectively/individually using the term "the Product(s)".
Any visitor to the Site shall be designated by the term "User".
II. Operator of the Online Shop
The Online Shop is operated by the BARBARA SAS Group, simplified joint-stock company with a sole shareholder with a share capital of €13,000,000, located at 102, avenue des Champs Elysées in PARIS (75008), registered on the Paris Trade and Companies Register under the number B 523 968 477, taken in its establishment located at 44, rue Cauchy in ARCUEIL (94110). Email: firstname.lastname@example.org
III. Customer Service
For any information, complaints or queries regarding the execution of these General Terms and Conditions, the Customer shall contact the Customer Service by sending them an email at email@example.com or by calling 01.41.24.34.11 (toll-free number).
These General Terms and Conditions shall define the rights and obligations of the Parties in the context of the sale of Products via the Online Shop.
The Customer declares that they have acknowledged and agreed upon the rights and obligations relating to them.
The simple fact for the Customer of placing an order for a Product through the Site shall be considered to be unqualified acceptance of these General Terms and Conditions.
Except by written agreement to the contrary from BARBARA, these General Terms and Conditions shall prevail over any other stipulations appearing in any other document exchanged between BARBARA and the User/the Customer (correspondence, order forms, etc.).
2 Scope of application for the General Terms and Conditions of Sale
These General Terms and Conditions shall apply for all sales of Products via the Online Shop with a view to delivery in mainland France.
These General Terms and Conditions shall remain applicable as long as they are online on the Site. BARBARA retains the right to adapt or amend them at any time and at its sole discretion. Any adaptation or amendment shall only apply for the future, orders which have been placed before the new General Terms and Conditions are placed online shall remain subject to the prior General Terms and Conditions.
3 Conditions of use for the Site
The User declares that they know and understand the Internet and its limits, including its functional characteristics and technical capabilities, the risk of disruption, the response time for consulting, requesting or transferring information, the risks of all types inherent in any transfer of data and, more particularly, in any transfer of data over an open network and, more generally, in any connection to the network.
The Users shall connect to the Site under their sole and complete responsibility.
4.1 Validity of offers
The validity of offers on the Online Shop shall be limited to mainland France. Product offers shall only be valid for the period during which they are online on the Site www.barbara.fr.
4.2 Products offered via the Online Shop
All Products sold on the Site are described and presented with the greatest care. However, the possibility remains that the actual perception of the Products may differ slightly from their photographic representation as presented on the Site. It is expressly noted that the photos of the Products do not have any contractual value but are simply indicative.
4.3 Availability of items
Offers shall be valid while stocks last. In the event that one or more Product(s) are not available, BARBARA shall inform the Customer of this via email. The order for the Product(s) which have become unavailable shall be cancelled and the available items ordered shall be shipped in accordance with these Terms and Conditions. If none of the items ordered is available, the entire order shall be cancelled.
5 Customer Account
Before placing their first order, any new Customer must create a Customer Account. The new Customer shall provide a certain amount of information by filling in an account creation form. They shall in particular be requested to specify their surname and first name, their email address, their phone number, their delivery address and their billing address. The Customer shall guarantee the accuracy and validity of this data and shall ensure that it is kept up to date. Thanks to their personal identifiers (email address and password), the Customer may access their Customer Account at any time; the Customer shall undertake to keep these personal identifiers confidential.
6.1 Minimum sum
The minimum sum for an order is set at €20, plus postage.
6.2 Order placement
Access to the Customer Account is an essential prerequisite for any order. The Customer shall be validly authenticated using their identifiers.
The order is placed in several steps. The Customer selects their products and puts them into their basket. In order to finalise their order, the Customer must first validate their basket. By validating the basket, the Customer gains access to an Order Summary which summarises in particular the details of the order and indicates the total price to be paid. The Customer may, if they wish, correct and/or modify the selection of Products placed in their basket as well as the information referred to in article 5 of these Terms and Conditions. – Access to the summary in order to correct and/or modify it remains possible provided that the Customer has not completed the final step in the order process and validated the payment. – In order to continue with their order, it is compulsory for the Customer to acquaint themselves with the General Terms and Conditions of Sale and agree to them by ticking the box provided for this purpose. If this box is not ticked then the Customer may not continue with the transaction. After having ticked the box and by clicking on the "Pay for my order" button, the Customer will reach the penultimate step in the order process: selection of the payment method. The Customer shall pay the price in accordance with the terms set out in article 8 of these Terms and Conditions. By clicking on the "Pay for my order" button, the transaction will be completed and the price will be payable. The Customer shall be definitively bound, subject to the Customer's right of withdrawal (see infra, article 10) on the one hand and to BARBARA's option of rejecting any order for a legitimate reason (see infra, article 6.3) on the other hand.
BARBARA's automatic recording systems shall be considered proof on the conclusion of the contract and of its date.
6.3 Order confirmation
The Customer shall receive an Order Confirmation which shall summarise the key elements of the order.
The Customer shall later be informed of the shipment of the order.
In the event that one or more of the Product(s) ordered are not available, BARBARA shall inform the Customer of this. This part of the order shall be cancelled and the available products shall be shipped in accordance with these Terms and Conditions. If all of the Products ordered have become unavailable, the entire order shall be cancelled.
BARBARA shall be entitled, in accordance with article L. 121-1 of the Code de la consommation [French Consumer Code], to refuse to sell a Product to a consumer for a legitimate reason, in particular in the event of payment problems (non-payment in full or in part of a previous order, refusal of payment authorisation by the banking institutions, etc.), in the event of ongoing litigation between the Customer and BARBARA on the date of the order or in the event of an abnormal order.
Messages shall be sent via email to the address specified by the Customer.
6.4 Archiving of the contract
If the contract concluded deals with a sum equal to or greater than €120, BARBARA shall ensure that a written copy establishing the order is retained for ten years and shall guarantee that the Customer has access to it at all times, subject to provision of proof of identity. All requests must be addressed to: firstname.lastname@example.org
BARBARA asks the Customer to retain a copy of the contract.
7 Prices, delivery costs
7.1 Product prices
The prices of the Products sold via the Online Shop shall be given in Euros, inclusive of all tax. Any change in the applicable VAT rate shall immediately be applied to prices displayed.
The offers and prices charged by the Online Shop shall be valid while they are online and subject to the limits of the available stock.
BARBARA reserves the right to amend the prices for the Products offered via the Online Shop at any time, it being specified that the Customer shall be invoiced for the Products on the basis of the prices in effect at the time of the conclusion of the contract.
If the Customer benefits from a discount code, it shall be their responsibility to enter the code in the box provided for this purpose during the course of the order process.
7.2 Contribution to delivery costs
The specified prices for the Products do not include delivery costs. The flat rate contribution to the delivery costs is currently set at €6 per Colissimo delivery and at €12 per Chronopost delivery whether the Customer chooses delivery to an address of their choice (in mainland France) or to one of BARBARA's collection points. For any order exceeding €100, BARBARA offers the delivery costs at the basic rate.
BARBARA reserves the right to modify the amount of the flat rate contribution at any time, it being specified that the amount for which the Customer is invoiced shall be the amount specified in the General Terms and Conditions in effect at the time of the conclusion of the contract.
8 Payment methods, payment by bank card, refunds
Payment for the entirety of the order, including the delivery costs, shall be made once only.
The Customer's account shall be debited at the time at which the goods are ordered. At the time of the order, the sum to be debited shall only be reserved. Only the price of the Products actually shipped and the amount of the flat rate contribution to delivery costs shall be debited from the Customer.
All data transmitted from the "checkout section" of the Online Shop shall be encrypted using Secure Socket Layer (SSL).
The Customer shall pay for their order via bank card.
The Customer shall confirm and guarantee to BARBARA that they are authorised to use the bank card used for the payment.
8.1 Payment by bank card
The Online Shop accepts the following bank cards: Carte Bleue, Visa, MasterCard.
When paying, the Customer shall specify, in addition to the card number and its expiry date, the security code. This comprises three numbers and is printed on the back of the bank card. None of these details are conveyed to BARBARA; they are entered directly on the secure servers operated by our online payment services operator, Crédit Industriel et Commercial SA, limited company with a share capital of €608,439,888, located at 6, avenue de Provence in PARIS (75009), registered on the Paris Trade and Companies Register under the number B 542 016 381.
In the event that the goods are returned, BARBARA shall apply an immediate refund following processing of the returned goods, and within a period of 14 days as from the receipt of the goods at the warehouse at the latest, using the same payment method as that which was used for the original transaction. If only part of the order is returned, bringing the value of the order below the threshold of €100, BARBARA shall deduct the amount of the flat rate contribution to delivery costs at the basic rate from the amount to be refunded.
9.1 Delivery period
Delivery shall occur within the four working days as from the order, placed during the week (excluding Saturday) before 1 PM. The delivery period may be extended by a few days during promotional periods, sale periods and the periods before the Christmas and holiday season.
Delivery is understood to be the effective receipt of the Products by the Customer or by a natural person of their choice at the delivery address specified by the Customer during the course of the ordering process.
In the event of failure of the delivery through the fault of the Customer, the order shall be cancelled. BARBARA shall refund the Customer the price paid, excluding the flat rate contribution for delivery costs. The refund shall take place within 14 days of the goods being returned to the sender.
9.2 Delivery area/delivery location
BARBARA agrees to deliver solely within mainland France.
10 Right of withdrawal and information regarding the exercising of the right of withdrawal
10.1 Right of withdrawal
In accordance with article L. 121-21 of the Code de la consommation, the Customer shall be entitled to withdraw from this contract without requirement to justify their decision within a period of fourteen days.
The withdrawal period shall expire after fourteen days as from the day of delivery, it being specified that if the period ends on a Saturday, a Sunday, a public holiday or a non-working day it shall be extended to the next working day. Delivery is understood here to mean the effective receipt by the Customer or by a third party designated by them other than the carrier.
In order for the withdrawal period to be upheld, it shall be sufficient for the Customer to convey their declaration expressing their desire to withdraw before the expiry of the withdrawal period.
In order to exercise their right of withdrawal, the Customer must provide notification of their decision to withdraw from this Contract by means of a declaration devoid of ambiguity, delivered by posted letter or by email. The declaration must be addressed to: BARBARA, « Rétractation », 44, rue Cauchy, 94110 ARCUEIL, or email@example.com. If the Customer uses the latter option, BARBARA shall send them an acknowledgement of receipt of the withdrawal by email without delay.
10.2 Effects of withdrawal
In the event of withdrawal from this Contract, BARBARA shall refund to the Customer all payments received from it, including the delivery costs, without excessive delay and, in any event, within the fourteen days as from the date on which BARBARA is informed of the Customer's decision to withdraw at the latest. However, BARBARA may defer the refund until it has received the goods or until the Customer has provided proof of the shipping of the goods, the date used being that of the first of these facts.
BARBARA shall process the refund using the same payment method used by the Customer for the initial transaction; in any event, this refund shall not result in any costs for the Customer.
The Customer must return the goods to the address set out below without excessive delay and before the expiry of a period of fourteen days as from the notification of their decision to withdraw from this Contract to BARBARA (see conditions above) at the latest.
BARBARA c/o BERRY SERVICES
ZA Le Fay
36230 NEUVY SAINT SEPULCHRE
It is expressly noted that the costs of return are the responsibility of the Customer.
The Customer may not be held liable except in the event of depreciation of the Products resulting from handling other than that required in order to establish the type, the characteristics and the proper functioning of these Products.
In addition, all Products may be the subject of a withdrawal provided that they are in their original packaging, are properly labelled, are in perfect condition and are unused. BARBARA would like to draw the Customer's attention to the fact that any signs of use (including traces of make-up or lipstick, smells of perfume, etc.) on a Product render it unsaleable for BARBARA which, in order to compensate for this loss, shall claim from the Customer compensation to the amount of the price of the said Product. If this is the case, the Product shall be returned to the Customer and the entirety of the sum shall be retained by BARBARA.
11 Complaints, conformity, guarantee
Any complaints should be addressed to the Customer Service.
Upon receipt, the Customer shall verify the conformity of the Product. If, by some extraordinary turn of events, the Product is not compliant, the Customer shall advise BARBARA of this immediately, either by writing to firstname.lastname@example.org, or by calling 01.41.24.34.11 (toll-free number). They shall then return the Product to BARBARA under the conditions set out in article 10. Upon receipt, BARBARA shall inspect the Product. If the Product is compliant, BARBARA shall return it to the Customer; the delivery costs shall be paid by the Customer. If the Product is not compliant, BARBARA shall cancel the order and shall refund the price to the Customer in full, including the delivery and return costs.
12 Liability, force majeure
In the absence of legal provisions to the contrary, BARBARA's liability shall be limited to direct and foreseeable damages resulting from the use by the Customer of the Site and/or Products which are offered for sale on it by BARBARA.
BARBARA cannot be held liable for any damages which result from an error by the Customer in the use of the Products.
12.2 Force majeure
BARBARA shall not be held responsible for the total or partial failure to fulfil its obligations if this is the result of an incident or case of force majeure including but not limited to social unrest, strikes of any kind (in the postal service, of means of transportation, etc.), flooding, fires or riots.
13 Information of a personal nature
13.1 Customer file
During the course of the execution of these General Terms and Conditions, BARBARA shall collect and handle a certain amount of information of a personal nature about the Customer. BARBARA informs the Customer that their data may, for the sole purposes of the execution of these Terms and Conditions, be conveyed to third parties such as the carrier, the logistics provider, etc.
BARBARA shall be authorised to use the Customer's information in order to advice them and to address information and marketing communications to them unless the Customer makes a request to no longer receive these. A link contained within all information and marketing communications allows the Customer to unsubscribe.
In accordance with the law, the Customer shall have the right to access, objection, amendment and correction. In order to exercise this right, the Customer may access their information free of charge and at any time using their Customer Account or, providing appropriate proof of their identity, by addressing a written request to: email@example.com
The customer file shall be declared to the CNIL [French Data Protection Authority] under the number 1795192v0.
BARBARA would like to draw the Customer's attention to the fact that cookies are installed on their computer when they access the Site, without this allowing them to be identified. The installation of cookies in particular facilitates the Customer's visit to the Online Shop. The Customer is free to configure their browser such that it does not store cookies. The ergonomics of the visit to the Online Shop may be affected by this.
Cookies shall remain installed for a period of thirteen months before they are automatically deactivated.
14 Intellectual property
All of the elements of the Online Shop – both in the design and the presentation of the Site and in the Products which are offered for sale on it – are protected by intellectual property law. They are in particular protected by copyright law, trademark law, design law, database law, patent law and rights to the name and image.
The protected elements include but are not limited to texts, photos, images, graphics, printed materials, textiles designs, presentations, sounds, illustrations, software, other technologies which may not be apparent, brands and (non) registered designs.
Any use of the Site www.barbara.fr for purposes other than finding and purchasing Products requires prior written authorisation from BARBARA.
If one or more stipulations of these Terms and Conditions and/or of the order form are deemed illegal or invalid, the validity of the other stipulations shall remain unaffected. The same shall apply for incomplete stipulations.
16 Applicable law, competent court
16.1 Applicable law
These General Terms and Conditions shall be subject to French law.
16.2 Competent court
In the event of difficulties arising on the occasion of the ordering or delivery of Products, the Customer may, in accordance with article L. 121-83 of the Code de la consommation, seek recourse to a mediator in order to settle a dispute amicably.
In the absence of amicable settlement, the competent court shall be that of the Customer's domicile or of the effective place of delivery.