General terms and conditions of sale
Date of update: 23/07/2024
These General Terms and Conditions of Sale (hereinafter referred to as ‘GTCS’) define the terms and conditions of a distance selling contract via the Online Shop located at www.thebatikstore.com between :
Any person browsing the website: www.thebatikstore.com, (hereinafter the ‘Customer’)
ET
ENTREPRISE INDIVIDUELLE MONSIEUR NEO SZYZA registered under SIREN number 927 833 611 and domiciled at the address: 4 Rue Henri Dunant 33185 Le Haillan, France (hereinafter the ‘Seller’).l’ENTREPRISE INDIVIDUELLE MONSIEUR NEO SZYZA immatriculée sous le numéro SIREN 927 833 611 et domiciliée à l’adresse : 4 Rue Henri Dunant 33185 Le Haillan, France (ci-après le «Vendeur»).
Article 1. Objet et champ d’application
These General Terms and Conditions of Sale apply to the remote sale of Products by the Seller via its online shop located at www.thebatikstore.com (hereinafter the ‘Shop’) to a Customer (hereinafter the ‘Customer’). These General Terms and Conditions of Sale define the reciprocal rights and obligations of the Vendor and the Customer in the event of a distance purchase of goods for sale on the Vendor’s online shop (hereinafter the ‘Products’).
The GTCS set out the rights and obligations of the Vendor and the Customer (hereinafter commonly referred to as the ‘Parties’) in the context of an order placed by the Customer via the Vendor’s online Boutique, without prejudice to the application of the provisions of the French Consumer Code specific to the Customer as a Consumer. By placing an order on the Vendor’s online Boutique, the Customer acknowledges having read and accepted these GCS. The GTC in force at the time the Customer places an order on the online Boutique are deemed to have been accepted unreservedly by the Customer. If the Customer waives acceptance of these GTC, the said order shall be deemed null and void.
The Vendor reserves the right to modify or update these GTC, which is why the Vendor recommends that its Customers systematically reread the GTC before placing any order on the online Boutique. The date of the last update of these GTC is shown at the top of this page in bold.
The GTCS do not apply in cases where :
- the Customer places an order on the online Boutique as a natural person or legal entity for professional purposes.
- the Customer places an order on the online Boutique as a Professional as defined in the Article Liminaire of the French Consumer Code.
Article 2. Order
The Customer can place an order via the Online Shop by selecting the desired Products and following the payment instructions. Any order placed on the Vendor’s online Boutique has the value of a distance selling contract between the Customer and the Vendor. The Parties are bound by a distance selling contract as defined in Article L221-1 of the French Consumer Code from the moment the order is confirmed by the Customer after viewing the details and final price of this order.
These GCS apply to the sales contract between the Vendor and the Customer. The Vendor reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges that he/she is over 16 years of age to place an order on the Online Shop.
If the order is accepted by the Vendor, the Customer will receive confirmation of the order as follows [Temps de confirmation de la commande au client] to the e-mail address given when the order was placed. In the absence of confirmation of the order under [Temps de confirmation de la commande au client] on the part of the Vendor, the distance selling contract is deemed to be null and void, and the Customer is assured that no sum of money will be taken from him/her for the payment of this order, or if payment has already been made, the Customer is assured that the total amount paid for the order will be returned to his/her bank account.
Article 3. Products
1. Product description
The Seller undertakes to offer the most accurate possible description and presentation of the essential characteristics of each Product displayed on the Online Shop. In the event of an error in the display or description of the Products, the Seller reserves the right to correct them at any time and will endeavour to notify the Customer in order to offer him :
- cancel the purchase of the Product in question; or
- confirm the purchase in view of the changes made to the description of the Product in question; or
If the Customer does not reply to the Vendor within 7 days in the event of a correction or change to the description of a Product, the Customer shall be deemed to have withdrawn from the purchase.
2. Unavailability of Products
The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to withdraw a Product from the Online Shop at any time. In the event that one of the Products ordered by the Customer becomes unavailable when the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible in order to offer :
- or the replacement of the unavailable product by a similar product at an identical price. In the event of the Customer exercising his right of withdrawal for a substitute product proposed by the Vendor and accepted by the Customer, the return shall be at the Vendor’s expense (see Article 9 – Right of Withdrawal below).
- or reimbursement of the unavailable product by the Vendor to the Customer within 30 days.
Article 4. Prices
The prices of the Products are displayed on the online shop with the description of each product and when the order is summarised. The price displayed corresponds to the price of each Product, including all taxes and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the type of delivery chosen.
Article 5. Promotions
In the event of an active promotion on the Online Shop, the reference price of the Product is displayed next to the sale price. The reference price corresponds to :
- at the price previously charged by the advertiser for this Product, or
- the price recommended by the manufacturer or distributor of the Product, or
- the maximum legal price for this type of Product if its price is regulated
Promotional codes made available by the Seller or the Seller’s partners are applicable on the Online Shop and are valid while stocks last and until the code expires. Promotional codes are subject to an expiry date.
Article 6. Payment
Payment corresponds to payment of the total amount, including all taxes, for the Products and for delivery, if delivery is subject to payment. The different methods of payment accepted on the Seller’s online Boutique are displayed when the order is finalised.
Article 7. Order cancellation
Cancellation of the order is not possible, unless the Vendor decides otherwise and notifies the Customer in writing. Cancellation of an order means the return of the Product(s) to the Vendor and the return of any sums paid by the Customer to the Vendor in connection with the order.
Article 8. Delivery
1. Deadlines
The delivery time for an order on the Online Shop appears at the order summary stage before the order is paid for. The Vendor undertakes to dispatch the Customer’s order once it has been paid for in full and the Vendor has been notified, within a period of [Temps avant expédition de la commande au client] days maximum. If the delivery time announced at the order summary stage is exceeded by thirty days, the Vendor undertakes to reimburse the Customer for the full amount paid for the order within 14 days.
2. Conditions
The general terms and conditions of the carrier (Mondial Relay or Colissimo) responsible for delivering the order placed on the Online Boutique are applicable to the delivery. If there is no receiver at the address chosen by the Customer for delivery, the carrier will leave a calling card notifying the receiver of the attempted delivery. Delivery is considered to have been made once the order has been received at the address chosen by the Customer.
Certain orders may be dispatched in several shipments, separating the Products for dispatch. For orders requiring separate dispatch of certain Products, the order is considered to have been received once all the Products have been received.
Article 9. Right of withdrawal
1. Definition and extinction
In accordance with the provisions of the Consumer Code annexed below, in the case of a purchase made by a Customer as a non-professional on the Vendor’s online Boutique, the Customer has a period of fourteen calendar days from receipt of the Product(s) ordered on the online Boutique to exercise his right of withdrawal from the Vendor without prejudice or justification.
If this fourteen-day period ends on a Sunday, public holiday or day that is not a working day, this period is extended until the next working day. As some orders may be dispatched in several instalments, the fourteen-day period begins on the day of receipt of the last Product.
2. Exercise
The right of withdrawal entitles the Customer to a refund of the total price paid for one or more Products, including all taxes and delivery charges, without justification or prejudice. Additional costs resulting from a choice of delivery method other than that recommended by the Vendor may not be reimbursed. Only the cost of the delivery method recommended by the Vendor will be reimbursed under the right of withdrawal. The right of withdrawal applies even to promotional products. In the event of exercising the right of withdrawal, the Customer must return the desired Products in packaging that guarantees the correct transport and security of the Product, together with the attached withdrawal form (Appendix 3 of the GTCS) to the address :
THE BATIK STORE (NEO SZYZA) – 4, Rue Henri Dunant 33185 Le Haillan, FRANCE
The Vendor undertakes to reimburse the Customer within fourteen days of the date on which the Vendor is notified of the Customer’s wish to withdraw. The Customer’s refund shall be deemed to have been made once the Customer has received the corresponding sum by the means of payment used to pay for the order. If the fourteen days for reimbursing the Customer are exceeded, the Vendor shall be liable to pay the legal interest rates set out in Article L242-4 of the French Consumer Code.
3. Exceptions
The Customer may not make use of the right of withdrawal for the Products ordered on the online Boutique listed in Appendix 1§2 of the GTC below.
Article 10. guarantees
1. Legal guarantee of conformity (Consumer Code)
When purchasing Products via the Vendor’s online Boutique, the Customer benefits from a legal guarantee of conformity. In order to take action under the legal conformity guarantee, the Customer, as a Consumer :
- has a period of two years from the date of delivery of the property in which to take action;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code ;
- is exempt from proving the existence of a lack of conformity for a period of six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
To exercise his right to the legal guarantee of conformity, the Customer must only contact the Seller’s customer service whose contact details are available on the online Boutique site by providing proof of purchase of the Product on the Seller’s online Boutique. To make a return within the framework of the exercise of the legal guarantee of conformity, the Customer must only contact the online Boutique’s customer service at the following e-mail address: contact@thebatikstore.com, providing proof of purchase of the Products. The online Boutique’s customer service will provide him with the instructions to follow.
The legal guarantee of conformity applies independently of any manufacturer’s or commercial guarantee that may have been granted.
2. Legal guarantee against hidden defects (Civil Code)
The Customer, as a consumer, may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In application of the legal guarantee against hidden defects, the Customer has a period of two years from the date of discovery of the defect to contact the Vendor and notify him of the discovery of a defect. A defect is a fault in the Product which renders it unfit for the use for which it is normally intended.
The Customer may choose between cancellation of the sale, reimbursement inclusive of all taxes and delivery, or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
To exercise his right to the legal guarantee against hidden defects, the Customer need only contact the Seller’s customer service department whose contact details are available on the online Boutique site by providing proof of purchase of the Product on the Seller’s online Boutique. To make a return in the context of exercising the legal guarantee against hidden defects, the Customer must only contact the online Boutique’s customer service at the following e-mail address: contact@thebatikstore.com, with proof of purchase of the Products. The online shop’s customer service department will provide him/her with the instructions to follow.
Article 11. Transfer of ownership
The Product(s) ordered by the Customer become the property of the Customer upon payment of the full amount of the order, including all taxes and delivery.
Article 12. Partial nullity
If one or more of the provisions of these GTC are deemed invalid pursuant to a standard in force or a final decision issued by a competent court, the provisions not affected by this invalidation remain applicable in their entirety.
Article 13. Applicable law and jurisdiction
These GCS are governed by French law. In the event of a dispute arising between the Customer and the Vendor, the parties shall favour an amicable resolution of the dispute by recourse to a Mediator. The contact details of the Mediation officer responsible for disputes between the Vendor and a Customer are available at the following address: https://www.mediation-franchise.com. Any dispute relating to the interpretation and/or performance of these GTC shall fall within the jurisdiction of the French courts.
Appendix 1: Consumer Code
- 1 – Unfair terms
Article L132-1, Amended by Order no. 2016-131 of 10 February 2016 – art. 6, Repealed by Order no. 2016-301 of 14 March 2016 – art. 34 (VD)
In contracts concluded between professionals and non-professionals or consumers, terms are unfair if their purpose or effect is to create, to the detriment of the non-professional or consumer, a significant imbalance between the rights and obligations of the parties to the contract.
A decree of the Conseil d’Etat, issued after consultation with the committee set up under article L. 534-1, determines a list of terms presumed to be unfair; in the event of a dispute concerning a contract containing such a term, the trader must prove that the disputed term is not unfair.
Un décret pris dans les mêmes conditions détermine des types de clauses qui, eu égard à la gravité des atteintes qu’elles portent à l’équilibre du contrat, doivent être regardées, de manière irréfragable, comme abusives au sens du premier alinéa.
These provisions apply regardless of the form or medium of the contract. This applies in particular to purchase orders, invoices, guarantee vouchers, delivery notes or tickets, containing stipulations negotiated freely or otherwise, or references to pre-established general terms and conditions.
Without prejudice to the rules of interpretation set out in Under articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfairness of a term is assessed by reference, at the time the contract is concluded, to all the circumstances surrounding its conclusion, as well as to all the other terms of the contract. It is also assessed with regard to the terms contained in another contract where the conclusion or performance of these two contracts are legally dependent on each other.
Unfair terms are deemed unwritten.
The assessment of the unfairness of terms within the meaning of the first subparagraph does not relate to the definition of the main subject matter of the contract or to the appropriateness of the price or remuneration for the goods sold or the service offered, provided that the terms are drafted in a clear and comprehensible manner.
The contract will remain applicable in all its provisions other than those deemed unfair if it can survive without the said clauses.
The provisions of this article are a matter of public policy.
- 2 – Right of withdrawal
Article L121-20-12, Amended by LOI n°2010-737 of 1 July 2010 – art. 59, Transferred by LOI n°2014-344 of 17 March 2014 – art. 9 (V)
I.-The consumer has a period of fourteen completed calendar days in which to exercise his right of withdrawal, without having to justify his decision or incur any penalties.
The period during which the right of withdrawal may be exercised begins to run :
1° Either from the day on which the distance contract is concluded ;
2° Or from the day on which the consumer receives the contractual terms and conditions and the information, in accordance with article L. 121-20-11, if this latter date is later than that mentioned in 1°.
II – The right of withdrawal does not apply:
1° The provision of financial instruments as referred to in Article L. 211-1 of the Monetary and Financial Code and the reception-transmission and execution of orders on behalf of third parties as referred to in Article L. 321-1 of the same code;
2° Contracts performed in full by both parties at the express request of the consumer before the latter exercises his right of withdrawal;
3° Home loan contracts as defined in article L. 312-2 ;
4° Life mortgage loan contracts as defined in article L. 314-1.
III.-This article does not apply to the contracts mentioned in article L. 121-60.
IV -The fourteen-day cooling-off period may not be reduced for affected credit agreements defined in 9° of Article L. 311-1 concluded using a distance communication technique.
Exercise of the right of withdrawal does not automatically entail cancellation of the sales contract or the service contract unless it is exercised within seven days of conclusion of the credit agreement. In addition, where the consumer expressly requests immediate delivery or provision of the goods or services, exercise of the right of withdrawal shall not entail automatic cancellation of the contract of sale or provision of services unless this is done within three days of conclusion of the credit agreement. Any early delivery or supply shall be at the expense of the seller, who shall bear all risks.
Article L221-28, Created by Ordonnance n°2016-301 of 14 March 2016 – art.
The right of withdrawal cannot be exercised for contracts :
1° The supply of services which are fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods liable to deteriorate or expire rapidly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
11° Concluded at a public auction ;
12° The provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
- 3 – Statutory interest rates
Article L242-4, Créé par Ordonnance n°2016-301 du 14 mars 2016 – art.
Where the trader has not reimbursed the sums paid by the consumer, the sums due shall automatically be increased by the statutory rate of interest if the reimbursement is made no later than ten days after the expiry of the periods laid down in the first and second paragraphs of article L. 221-24If the delay is between ten and twenty days, 5%; if the delay is between twenty and thirty days, 10%; if the delay is between thirty and sixty days, 20%; if the delay is between sixty and ninety days, 50%; and if the delay is between sixty and ninety days, an additional five points for each month of delay, up to the price of the product, then the legal interest rate.
- 4- Legal guarantee of conformity
Article L217-4, Created by Ordonnance n°2016-301 of 14 March 2016 – art.
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Appendix 2: Civil Code
Article 1641, Created by Law 1804-03-06 promulgated on 16 March 1804
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
Article 1644, Amended by LOI n°2015-177 of 16 February 2015 – art. 10
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him.
Appendix 3: Withdrawal form
Withdrawal form
To the attention of THE BATIK STORE (NEO SZYZA) – 4 Rue Henri Dunant, 33185 Le Haillan, France
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*)/received on (*) :
Name of Customer(s) :
Address of Customer(s) :
Signature of Customer(s) (only if this form is sent on paper) :
Date :
(*) Delete as appropriate.
