GENERAL CONDITIONS OF SALE

These general conditions of sale (hereinafter known as the "General Conditions of Sale") shall regulate the goods offered and sold on the web site, beronnes.com (hereinafter known as the "Site").

The goods purchased on the Site (hereinafter known as the « Products ») are sold directly by the company Caviar Design S.a.s.u registered at the Business Register of companies under no° 85018443300017, capital stock of 1 500,00 €, TVA no° FR3850184433, which registered office is located 7, Christophe Colomb Street 75008 PARIS(hereinafter known as the « Seller »).

You must read and accept these General Conditions of Sale to be able to send a purchase order. Non-acceptance of the General Conditions of Sale shall make it impossible to purchase goods from the Site.

1) RECITALS

1.1) The General Conditions of Sale shall exclusively regulate the offer, the shipping and acceptance of the purchase orders for Products on the Site, between the Seller and Site users.

1.2) The Seller, by means of the Site, shall offer the Products for sale and shall perform its e-commerce activities exclusively in relation to its final end-users, who are adults and "consumers", or rather, natural persons, who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might, eventually, be conducted (hereinafter known as the "Client").

1.3) The offer and sale of the Products refers exclusively to the countries set forth in the list of shipment countries listed on the relative page of the Site, which can be reached by means of the Homepage.

1.4) The Seller, therefore, shall be entitled not to process any orders from individuals, other than the "consumer" and/or minors, from countries that are not included among the shipment countries or, in any case, orders that are not in compliance with its own commercial policy.

1.5) The General Conditions of Sale do not regulate the sale of goods or supply of services by individuals other than the Seller, even if they are present on the Site by means of links, banners or other linking methods. The Client shall undertake to check the conditions of sale, prior to sending orders and purchasing goods and services from individuals other than the Seller. The latter, therefore, shall not be held liable for the sale of goods and/or the supply of services by third parties and/or the execution of agreements between the Client and third parties.

2) PRODUCT PURCHASE ORDERS

2.1) The Client, in order to purchase one or more Products on the Site, must select the Products he wishes to purchase and add them to the shopping bag. Once he has chosen the Products, the Client must go to the checkout on the shopping bag web page, complete the order form electronically, in compliance with the relative instructions, and send it to the Seller.

2.2) The purchase orders may be made in English or French.

2.3) The Product purchase orders may be made by the Client both by means of his, own account, if he has registered his details on the site, or as a "guest", supplying, in this case, the personal details required to process the order.

2.4) Reference to the General Conditions of Sale has been set forth in the order form, as well as a summary concerning the main characteristics of each Product ordered, and the relative price, the methods of payment accepted and the delivery terms applied to the Products purchased, the shipment and delivery costs, the conditions established to assert withdrawal rights, and the conditions and times to return the Products purchased.

2.5) Prior to going ahead with purchasing the Products, by sending the order form, the Client shall undertake to read the General Conditions of Sale, which can also be printed, memorized or copied for personal use. The Client, by sending the order form, hereby declares that he has understood and approved the contents set forth in the form, as well as accepted the General Conditions of Sale and Use of the Site whilst, if he cannot, the order form cannot be sent.

2.6) Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.

2.7) Furthermore, when the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.

2.8) Once the purchase order has been accepted, the Seller shall undertake to send the Client a purchase order receipt, which shall contain a summary of the General Conditions of Sale, the information relative to the Products’ essential characteristics, a detailed indication of the price, the methods of payment, the conditions and ways of asserting the withdrawal entitlement and the delivery charges.

2.9) The Seller is entitled not to accept any purchase orders that are incomplete or have not been filled in correctly, which do not provide sufficient solvency guarantees or if the Products are unavailable. In these instances, the Seller shall promptly undertake and, in any case, within fourteen (14) days, running from the date on which the order was sent to the Seller, inform the Client, by e-mail, that the agreement has not been executed and that the Seller shall not process the purchase order. In the case in which the Client has already sent the order form and paid for the Products, the Seller shall undertake to reimburse the monies paid.

2.10) The order form shall be archived in the Seller’s data bank for the time required to process the orders and, in any case, in compliance with the terms of the law in force.

3) THE PRODUCTS’ CHARACTERISTICS

3.1) Original Products, characterised by the brand name, "Baronnes" are exclusively offered for sale on the Site, further to authorisation granted by Caviar Design and/or any, other individual authorised by the latter.

3.2) The Products’ essential characteristics have been set forth on the Site, in each Product description. The images and colors relative to the Products on sale might not, however, correspond to the real ones, caused by the Internet browser and/or monitor used.

3.3) Each Product is sold on the Site together with its identification tag, which constitutes an integral part of the Product.

3.4) Each product is hand-confectioned, so a product can be subject to variations and may differ from another one.

4) PAYMENTS

4.1) The Product prices set forth on the Site are calculated in Euro (€) Canadian Dollars ($), American Dollars ($), Sterling Pounds (£) and do not include shipment and delivery costs, which are clearly indicated at the beginning of Product purchase procedure.

4.2) The prices of the Products may be subject to variations and may differ in the different versions of the Site. The Customer therefore undertakes to check the final sale price before sending the relative order form.

4.3) The payment conditions can be referred to on the Site Payments page, which have also been set forth on each, individual purchase order form, and constitute an integral part of the General Conditions of Sale.

4.4) The Product purchase price and the shipping costs, as set forth in the order form, shall be charged by the Seller when the Products are shipped.

4.5) In the case in which payment is made by credit card, the financial information (such as, for example, the credit or debit card number or its expiry date) shall be forwarded encrypted to banks or companies that supply the relative electronic distance payment services, without any third person whatsoever having access to the same. Furthermore, said information shall never be used by the Seller except for completing the procedures relative to the purchase, for which it was provided, and to issue any reimbursement in case of the Products being returned, further to asserting the withdrawal entitlement or to prevent or report fraud having been committed on the Site to the Police.

4.6) If the Product is delivered to a European Union country, it should not be subject to any Customs Clearance costs, such as import taxes and/or duties.

If, instead, delivery is made to a country that does not belong to the European Union, the Products sold might be subject to Customs Clearance costs, such as importation taxes and/or duties, which are demanded on the Product’s arrival in the country of delivery. The Customs Clearance costs cannot be envisaged by the Seller in advance, and they shall, in any case, be fully borne by the Client.

If you require some more information, the Client should contact the Customs and Excise office in the country where the Product is shipped.

5) PRODUCT DELIVERY

5.1) The Products, ordered on the Site, are sent by standard courier service. The Product delivery costs, methods and terms have been set forth on the shipping page, as well as on each, individual purchase form, and shall constitute an integral part of the General Conditions of Sale.

5.2) The Product delivery time, on the Site, refers exclusively to working days, explicitly excluding public holidays.

5.3) The Customer must choose the shipping country through the list of shipping countries during the checkout.

The orders made to a country other than the one envisaged as the destination or to an address that is not admitted by the courier appointed by the Seller, shall not be accepted.

6) WITHDRAWAL ENTITLEMENT

Asserting the withdrawal entitlement

6.1) The Client shall be entitled to withdraw from the agreement executed with the Seller, free-of-charge, and without having to explain why, within fourteen (14) days running from the date on which the Products, purchased on the Site, are physically acquired.

6.2) The Client, in order to assert his withdrawal entitlement, must placed an order to purchase within the European Union.

6.3) The Client, in order to assert his withdrawal entitlement, may communicate his decision to withdraw from the agreement by means of the contact form on the Site. The Client shall undertake fill in the withdrawal form which is at the end of the « GENERAL CONDITIONS OF SALE » and send it to the Seller.

6.4) Alternatively, the Client shall be entitled to send an explicit, written communication concerning his decision to withdraw from the agreement to the Seller, supplying his personal details (such as his name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; to this end, the Client shall be entitled, if he wishes, to use the model withdrawal form below.

In the case in which the Client selects this option, the withdrawal communication must be sent to the Seller by:

6.5) When the withdrawal entitlement is asserted, the Product chosen cannot be directly replaced by another one; if the Client wishes to purchase a new Product, he shall have to start again and make another order.

6.6) The Client shall be held liable for the reduction in value of any Products, which has been caused to the same, other than what is required to establish the Products’ nature, characteristics and operating capacity.

6.7) The Seller shall be entitled not to go ahead with the withdrawal procedure if the Products are returned without their identification tags.

6.8) Furthermore, the withdrawal entitlement cannot be asserted if the:

  • Products have been made to measure or customized;
  • Products run the risk of deteriorating or going off quickly;
  • Sealed Products cannot be returned for reasons of hygiene or connected with health protection, and which have been opened after delivery;
  • Products, after delivery, have been inextricably mixed with other goods;
  • Products are made up of sealed audio or video recordings or sealed IT software, which have been opened after delivery;

Return times and conditions

6.9) Products that are subject to withdrawal must be returned to the Seller. In order to go ahead with the returns procedure, the Client shall undertake to send the Products back, within fourteen (14) days running from the date on which the Client sent the Seller the relative withdrawal form, to Caviar Design at 7 Christophe Colomb Street 75008 PARIS, with the withdrawal form available below. The Products returned can also be sent with the withdrawal form referred to in Article 6.4 foregoing hereto.

6.10) Payment of the costs incurred by returning the Products shall be charged to the Client.

6.11) You should, where possible, return the Products inside the packaging sent by the Seller.

Reimbursement times and conditions

6.12) Once the Products have been received, the Seller shall go ahead with the ascertainment procedure relative to the conformity of the same with the terms and conditions set forth in Article 6.

6.13) If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.

6.14) Whatsoever payment method was adopted by the Client, reimbursement shall be activated by the Seller, further to checking the correct execution of the withdrawal entitlement, in the shortest time possible and, in any case, within fourteen (14) days from the date on which the Seller received the withdrawal communication. Reimbursement may be suspended by the Seller until receipt of the Products.

6.15) The Seller shall perform the reimbursement using the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise. If there is no match between the recipient of the Products indicated in the order form, and the individual who paid for their purchase, reimbursement of the monies paid shall be made in favor of the individual who paid, unless agreed otherwise.

6.16) If the terms and conditions to assert the withdrawal entitlement are not complied with, as specified in Article 6, the Client shall not be entitled to reimbursement of the monies previously paid in favor of the Seller; however, the Client may be able to reobtain, at his own expense, the Products in the state in which they were returned to the Seller.

7) LEGAL GUARANTEE OF CONFORMITY

7.1) Besides the warranty provided for any faults in the goods sold, the Seller shall provide the Products with a legal guarantee of conformity, in compliance with what was envisaged in articles L.217-4, L.217-5 and L.217-12 of French law Consumer Code ,articles 1641 and 1648, first paragraph, of French Civil Code.

8) PRIVACY

8.1) In relation to the Client’s personal data processing, reference should be made to the Information provided on Privacy.

8.2) In order to take advantage of specific services provided further to the Client’s request, information specifications shall be supplied as well as specific authorisation when personal data is collected, if necessary.

9) LOI APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1) The General Conditions of Sale are regulated by French and European law. In case of contention, before to refer a matter to the court, it is preferable to find an amicably settling.

9.2) In the case of any disputes arising, between the Seller and each Client, out of the General Conditions of Sale, the Client shall be entitled to access, by means of the link, https://webgate.ec.europa.eu/odr, the platform for settling online disputes supplied by the European Commission.

10) AMENDMENT OF THE GENERAL CONDITIONS OF SALE

10.1)The General Conditions of Sale may, at any time whatsoever, be amended by the Seller, even in relation to any legislative changes that might arise. The new General Conditions of Sale shall enter into force from the moment in which they are published on the Site. Clients are, therefore, invited to regularly access the Site to consult the most up-to-date version of them, prior to making any purchase

10.2) The General Conditions of Sale applicable to each agreement executed by the Client by means of the Site shall be those in force on the date on which the purchase was sent.

11) CUSTOMER CARE

11.1) If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:

- by e-mail : swimwear@baronnes.net

- by post : Caviar Design, 7, Christophe Colomb Street 75008 PARIS, FRANCE.

12) FORCE MAJEURE

12.1) Baronnes will not be held liable for total or partial failure to perform its obligations under this agreement if this failure to perform is due to a force majeure event, recognized as such by case law.

12.2) The Parties agree to consult one another at the earliest opportunity in order to determine the conditions for the processing of the order during the force majeure period.

12.3) In the event of disruption for more than one (1) month due to force majeure, the Parties will be released from their obligations towards one another.

The Schedule Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To the attention of Caviar Design - Baronnes'’s Customer Client Service - 7, Christophe Colomb Street 75008 Paris, or send it to us by « Contact » form accessible on our website: www.baronnes.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.