Preamble
We are happy to welcome you to our website www.bikinizshop.com
The BIKINI'Z company is a website whose purpose is the marketing of goods in the textile field, swimsuits and beach accessories, whose head office is located at 44 rue Victor Hugo 97200 Fort de France, registered in the commercial register under number RCS 840395123.
His email address is contact@bikinizshop.com.
His phone number is +596 696.27.01.77.
The present general conditions of sale below, are concluded on the one hand between the company cc781905-5cde-3194-bb3b-136bad5cf58d_BIKINI'Z, and on the other from any non-commercial natural or legal person wishing to make a purchase on the merchant website Bikinizshop.com.
The T&Cs are available online on the Site.
IMPORTANT
The Customer declares to have read and accepted them, the purchase of products offered on the Site entailing the acceptance and express and unreserved adherence of the Customer to these GCS as well as, where applicable, to the existing contractual documents supplementing or amending the said CGV (Special conditions of sale, order form, etc.)
These T&Cs shall prevail over any other general or specific conditions not expressly approved by Bikinizshop.com.
Bikinizshop.com reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order.
Article 1: Definitions
The terms mentioned below have, in these T&Cs, the following meaning:
PRODUCTS: designates all the products available on the website www.bikinizshop.com such as, for example, the bikiniz.
SITE: refers to the website accessible at the address www.bikinizshop.com. The SITE brings together all the hosted web pages and products offered to CUSTOMERS.
CUSTOMER: designates the co-contractor of the company BIKINI'Z who guarantees to have the quality of private customer/consumer as defined by French law and case law.
GENERAL CONDITIONS OF SALE or CGV: refers to this contract deemed accepted by the PARTIES.
DELIVERY: Delivery is considered to have been made from the date of the first presentation of the PRODUCTS to the delivery address mentioned when ordering by the CUSTOMER.
TERRITORY: Means metropolitan France, Corsica, the overseas departments and territories and local authorities such as French Polynesia, Europe and the world, (All countries).
Section 2: Object
The products offered for sale by Bikinizshop.com are those which appear on the Site. The products are offered for sale within the limits of available stocks. In the event of unavailability of the Product after placing the order, Bikinizshop.com will inform the customer as soon as possible, and if necessary will reimburse him no later than fifteen (15) days following payment of the sums paid. The customer's order will then be automatically cancelled. Each Product is accompanied by a description. The photographs of the Products are as faithful as possible but cannot ensure a perfect similarity with the product offered.
Article 3: Product accessibility
The Products ordered by the customer on the Site will be delivered/accessible in metropolitan France, Principalities of Monaco and Andorra, DOM/TOM and in the countries of the European Union, and internationally.
The site is in principle accessible 24 hours a day, 7 days a week, except for interruption, scheduled or not, for maintenance purposes or in cases of force majeure. Being in fact subject to an obligation of means, Bikinizshop.com cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Article 4: Order
The customer can place an order on the website www.bikinizshop.com.
The order process is as follows:
• Choice of items and addition to basket
• Validation of basket content
• Choice of delivery method
• Choice of payment method and acceptance of the CGV
• Validation of order and payment
Confirmation of the order entails acceptance of these GCS, acknowledgment of having perfect knowledge of them and waiver of its own conditions of purchase or other conditions.
Unless proven otherwise, all the data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
Bikinizshop.com will communicate by email confirmation of the registered order.
The customer must verify the completeness and conformity of the information provided to Bikinizshop.com when ordering.
Bikinizshop.com cannot be held responsible for any input errors and the resulting consequences.
Bikinizshop.com retains ownership of the items until full payment of the order, that is to say the collection of the price of the order by Bikinizshop.com. Bikinizshop.com reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who, in his view, presents any form of risk.
Article 5: Price of items
All prices are indicated in euros, all taxes included, regardless of the territory in which the Customer resides.
The prices indicated are understood, where applicable, excluding delivery costs (see Article 8: Shipping and Delivery).
Bikinizshop.com reserves the right to modify its prices at any time without notice. Items will be invoiced on the basis of the rates in effect at the time of order entry. The products remain the property of Bikinizshop.com until the full receipt of the price by the seller. The price is payable in full and in a single payment.
Article 6: Payment
The price is payable when ordering. Whatever method of payment you choose, any payment will only be considered final after effective and complete receipt of the sums by Bikinizshop.com. Bikinizshop.com accepts payments from the European Union and International. Bikinizshop.com does not bear the costs relating to payments from sources other than Paypal.
Payment for purchases is made at the customer's choice:
• by secure payment system: PayPal et Braintree (Carte Bleue, Visa, MasterCard)
• Wire Transfer
• by cheque
• by Western Union
• on site at the showroom in cash or by credit card
Payment by secure credit card: You can pay by credit card: in this case, payment is made on the site of our partner Paypal. This implies that no banking information concerning you passes through the Bikinizshop.com site.
Payment by credit card is therefore perfectly secure.
Your order will thus be registered as soon as the payment is accepted by the banking service. You can pay online with confidence by entering the number, the expiry date of your credit card and the security code on the back of it in the spaces provided for this purpose._cc781905-5cde-3194-bb3b -136bad5cf58d_
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. The seller has no access to these details, and does not keep them on its servers.
By choosing to pay for the products via the aforementioned payment tools, the Customer agrees to read and accept the general conditions of sale of the partner companies of Bikinizshop.com governing the payment tools. Bikinizshop.com cannot be held liable for any direct or indirect damage of any kind whatsoever related to the use of these payment tools.
If you wish to pay for your items, by check, bank transfer or western union, please contact Bikini'z at the following address: contact@bikinizshop.com indicating the method of payment you want and the models you want. Note that Bikinizshop.com does not support the costs related to the use of these means of payment. Your order will only be validated and shipped upon receipt of your payment.
Article 7: Shipping and Delivery
Excluding sales periods, any order placed on the Bikinizshop.com site before 1 p.m. from Monday to Thursday (excluding holidays), will be prepared and shipped within 24 hours, validation of payment (see Article 6: Payment).
The carrier deadlines indicated below are to be taken into account from the departure of the package from the premises of Bikinizshop.com. Bikinizshop.com declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strikes.
Bikinizshop.com undertakes to deliver the items ordered and paid for by the Customer on time. If the said articles have not been delivered within 7 days from the delivery date provided for when the order was placed, and if this overrun is not due to a case of force majeure, the Customer may proceed to the resolution of the sale by sending an email to customer service available at the following address: contact@bikinizshop.com.
The sums paid by the Customer will then be fully refunded.
In the event of a prolonged delay in your delivery, you must report this delay within a maximum of seven (7) days by email to the following address: contact@bikinizshop.com.
We will then contact the postal services to open an investigation.
The customer is required to check the condition of the items delivered. In the presence of an apparent anomaly in the package (in particular damaged package, open package, traces of liquid, etc.), the customer or the recipient of the ordered products must not open the package but is invited to return it unopened within five (5) working days in a post office and to draw up a statement there.
The opening of said package excludes any recourse to the carrier (La Poste). He is also invited to immediately report the problem encountered to customer service at: contact@bikinizshop.com
The customer must report any delivery incident to customer service within three (3) working days of delivery (or refusal of delivery) of the product.
Any anomaly concerning the items (damage, missing item compared to the order form, damaged or open package, broken item, defective, etc.) must be indicated within three (3) days of delivery._cc781905-5cde-3194 -bb3b-136bad5cf58d_
If the above procedures are not followed, no customer complaint will be valid.
All items offered by Bikinizshop.com are subject to the legal guarantee provided for by articles 1641 and following of the Civil Code. (See Article 12 Liability & Warranty).
Once the customer has received the Product, he bears all risks of damage or loss of the Product.
Delivery costs and times :
In the event of an input error, in particular an incorrect or incomplete delivery address, the Seller cannot be held responsible for the consequences in terms of delay or impossibility of delivery.
All costs related to the reshipment of products due to a customer input error will be the sole responsibility of the Customer.
The Customer can choose from the following delivery methods:
1) Letter followed or Colissimo (from 3 Products) Metropolitan France & DOM-TOM. La livraison is free (regardless of the amount and weight of the package).
The delivery time is 2 to 5 working days for the DOM-TOM and Metropolitan France.
2) Letter followed and Colissimo (from 3 Products) International:
• For Europe, the price is €7.50 including tax (regardless of the amount and weight of the package). The delivery time is 5 to 7 working days.
• For the rest of the world, the price is €9.50 including tax (regardless of the amount and weight of the package). The delivery time is 5 to 10 working days.
Delivery errors : The Customer must make to the Seller, on the same day of delivery or at the latest on the first working day following delivery, any complaint of delivery error and/or non - conformity of the products in kind or in quality compared to the indications appearing on the order form.
Beyond this period, any complaint will be rejected. Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the consumer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its packaging in perfect condition at the seller's address.
To be accepted, any return must be reported and have the prior agreement of the Seller, who in the event of agreement will redirect the package to the correct address. The postage fees are paid by the client.
Article 8: Withdrawal
In accordance with the provisions of consumer law in force, the Customer has a right of withdrawal which he may exercise within seven (7) days from the date of receipt of his order to return the Product to bikinizshop.com for exchange or refund.
In this case, the Customer will not have to justify reasons, however the costs related to the shipment of the bikiniz to France and the DOM-TOM are not refundable. The penalties amount to 4.5€ per Bikini'z for France and 3.5€ per Bikini'z for the DOM-TOM. Return costs are also your responsibility.
Shipping charges applied to international orders are also non-refundable.
The procedures for exercising this right of withdrawal are mentioned in the paragraph “Conditions of exchange and return” below.
Article 9: Conditions of exchange and return
Any exchange or return must be the subject of a request for exchange or return to the seller's customer service by e-mail at: contact@bikinizshop.com.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid (with the exception of the delivery costs), or the exchange of the product._cc781905-5cde-3194- bb3b-136bad5cf58d_
In the event of exercise of the right of withdrawal, the seller will make every effort to reimburse the consumer within fifteen (15) days.
You will receive by email the procedure to make your exchange or refund.
Return costs will be at the customer's responsibility.
If the amount of the customer's exchange order is greater than the amount of his initial order, he can pay the difference online by credit card or PayPal. The shipment of the customer's exchange order is subject to the validation of this regulation.
If the amount of the customer's exchange order is less than the amount of the initial order, Bikinizshop.com will refund the difference.
If the customer wants a refund for his item, he must send it back at his own expense via Colissimo or via Letter Followed.
The customer must keep the proof of deposit of the package which will be given to him by La Poste. In case of loss of the package, no refund will be made without this proof of deposit.
Please note that white and light-coloured products: off-white, beige, etc. cannot be returned. Also sale items and promotions are neither taken back nor exchanged.
Article 10: Condition of the Products
The returned item(s) must be new, unused, with their original tags, with the inner hygienic protection for swimsuits and in their original packaging perfectly intact._cc781905-5cde- 3194-bb3b-136bad5cf58d_
Upon receipt of the package, Bikinizshop.com will judge the perfect condition of the returned goods. No returns will be accepted if the returned items have been visibly used or damaged by the customer and such use or damage renders the items unfit for sale.
If the return is refused by Bikinizshop.com, the customer will remain the owner of the product, which he can have returned to his address at his expense.
In the case of an exchange, if the returned items have been visibly used or damaged by the customer and this use or damage makes them unfit for sale, Bikinizshop.com may exercise all corresponding recovery actions with the customer.
Article 11: Reimbursement of returns
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the returned products will be fully refunded to you (with the exception of delivery penalties and delivery costs in accordance with article 8) directly on the credit card. used via Paypal, as soon as possible and at the latest within fifteen (15) days following the date on which the right of withdrawal was exercised.
Article 12: Responsibilities and guarantees
All products offered for sale by Bikinizshop.com benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code and L.211-4 and following of the Consumer Code.
In the event of non-compliance of a Product sold, it may be returned to Bikinizshop.com who will take it back, exchange it or refund it.
All complaints, requests for exchange or refund must be made within seven (7) days of delivery, by e-mail to: contact@bikinizshop.com.
Article 12.1 Responsibility of Bikinizshop.com:
Bikinizshop.com, in the online sales process, is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 12.2 Liability of the Client:
Bikinizshop.com may give you the opportunity, within the framework of its Site, to participate in discussion areas (forums, blogs, etc.) or will provide you with functionalities allowing you to create or publish Content on its Site._cc781905 -5cde-3194-bb3b-136bad5cf58d_
In this regard, we remind you that illegal remarks and content, in particular racist, revisionist, pedophiles or inciting sex tourism, homophobic, or inciting hatred, are strictly prohibited on the Site and on all discussion spaces; insulting, degrading, defamatory, slanderous, disrespectful; of a pornographic nature; political, religious or ideological propaganda; those encouraging a commercial activity or intended to derive income or advantage from their dissemination; those pertaining to authors' rights or inciting to infringe intellectual property; those relating to the secrecy of correspondence or violating the rights, reputation or privacy of others; those off topic of the themes, of the sections where they are published; and, more generally, any content contrary to good morals likely to offend the sensibilities.
Any message or content that does not comply with these provisions will be removed without notice, explanation or formal notice directly by Bikinizshop.com, and any warning or exclusion measure may be taken in this context._cc781905-5cde-3194- bb3b-136bad5cf58d_
In addition, the Customer admits being solely responsible for their content and their legality and frees Bikinizshop.com from any prejudice that third parties may claim in this respect.
Furthermore, concerning the Bikinizshop.com blog, the Customer may report content that the latter may deem illicit as defined above and notify them directly to Bikinizshop.com.
Article 12.3 Limitation of liability :
The customer is solely responsible for the consequences of any damage suffered as a result of the use by a third party of his password, his e-mail address or confidential code(s), and the communication any information that the latter has made accessible.
In this context, the Customer guarantees Bikinizshop.com against any action, recourse or claim in connection with all of the aforementioned elements and, in particular but without limitation, those which would question the use of the products offered on the Site._cc781905- 5cde-3194-bb3b-136bad5cf58d_
In addition, Bikinizshop.com cannot be held responsible for any indirect or/and immaterial damage, including in particular bodily injury suffered as a result of the use of the Products, loss of reputation, image, data, likely to arise from the supply of the Products offered on the Site and/or the impossibility of accessing or using the latter.
In addition, the Site contains links and advertising, promotional, commercial or sponsorship visuals to the websites of third-party resellers or independent service providers.
Bikinizshop.com is not responsible for the content of said third parties or third party sites, does not guarantee their accuracy, validity, quality or integrity, in particular in the context of transactions carried out directly between the Customer and a third-party reseller or independent service provider.
Similarly, Bikinizshop.com cannot assume the connection costs, and in general, any communication costs induced by the Customer's access to the Site and its use.
Furthermore, Bikinizshop.com cannot be held liable for direct, personal and certain damage suffered by the Customer and for which it has been demonstrated that the actions of Bikinizshop.com are not the cause of this damage._cc781905-5cde -3194-bb3b-136bad5cf58d_
Bikinizshop.com assumes no responsibility for any computer virus downloaded from this Site.
In addition, the photographs and illustrations accompanying the Products on the Site have no contractual value and therefore cannot engage the responsibility of Bikinizshop.com.
Article 13: Intellectual Property
Bikinizshop.com is the holder of all intellectual property rights relating to the content accessible on this Site, in particular texts, images, sounds, data, photographs, videos, logos, brands, designations, tabs, functionalities and any other material or software, which are protected by rights held by it or its third-party partners (hereinafter the “Components of the Site”).
In general, Bikinizshop.com grants the Customer a free, personal, non-exclusive and non-transferable right to access and use the Site subject to its acceptance and compliance with these T&Cs. Any other right is expressly excluded without the prior consent of Bikinizshop.com.
Any partial or total reproduction, in particular for advertising or commercial purposes, as well as any adaptation, modification, use, transmission, copy, redistribution and/or exploitation, on any medium and by any means whatsoever, of all or part of the Components of the Site, is strictly prohibited, except with the express prior written authorization of Bikinizshop.com
In addition, the Customer is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the Site Components (in whole or in part), except if this possibility has been expressly granted by Bikinizshop.com or by the owners of the Component(s) of the Site, within the framework of a separate agreement.
Any offending use of the Site or one of its Components will be the subject of legal recourse aimed at preserving the rights of Bikinizshop.com.
Finally, all of the Customer's comments, suggestions and, in general, all of his contributions (hereinafter, the "Contributions"), in the context of the use of the Site remain his property._cc781905-5cde-3194 -bb3b-136bad5cf58d_
However, subject to the legal provisions in force, the Customer already authorizes Bikinizshop.com, for the whole world and on an exclusive basis, to use, reproduce, modify, adapt, concede, exploit the Contributions on all known or unknown to date, without restriction and free of charge, for the entire duration of the intellectual property rights protecting, where applicable, its Contributions.
Article 14: Force Majeure
Bikinizshop.com undertakes, in view of current technology, to maintain the offers offered on the Site in the best possible conditions. However, Bikinizshop.com is not responsible in the event of interruption of the Site and its offers attributable to a case of force majeure, due to a third party, the Customer, as well as to hazards arising from the technique._cc781905 -5cde-3194-bb3b-136bad5cf58d_
The parties agree, without this list being exhaustive, by agreement, between them, that arise, in particular either from force majeure, or from a fortuitous event, or from the act of a third party, damages originating or their causes in: the natural disasters, fires, floods, lightning, power surges, strikes, power supply interruptions, telecommunications network failures, civil or foreign wars, riots or popular uprisings, attacks, regulatory restrictions related to the provision of telecommunications services, the loss of connectivity due to the public and private operators on which the Company depends.
These cases of force majeure suspend the obligations of Bikinizshop.com, cited in these GCS, for the entire duration of their existence.
However, if a case of force majeure had a duration of more than three (3) months, one or other of the parties would be justified in terminating the contract, and this after sending a registered letter with acknowledgment of receipt, announcing this decision.
In the event that damage is caused by the exclusive fault of Bikinizshop.com, Bikinizshop.com cannot be claimed for an amount greater than the total amount paid by the Customer under the contract.
Article 15: Applicable law - Settlement of disputes
These T&Cs are subject to French law.
The language of this contract is French. The parties will endeavor to resolve any dispute relating to the services of Bikinizshop.com covered by the GCS amicably.
In the event of persistent disagreement, the dispute will fall under the jurisdiction of the Courts of Paris (France), including in the event of multiple defendants.
Article 16: Consequence of the nullity of a clause
If one or more provision(s) of these GCS are held to be invalid by law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, the other provisions of these GCS retaining all their force and scope, as not being able to affect the validity or continuation of the contractual relations as a whole, unless it is a clause which was of a decisive nature for one of the parties on the date of conclusion contractual relations.
In this case, Bikinizshop.com and the Customer will have to negotiate in good faith in order to replace this clause with a valid clause reflecting their initial will.
Section 17: Customer Service
For any information or questions, Bikinizshop.com customer service is available by phone at: +33.7.82.09.32.14 Monday to Friday from 9:30 a.m. to 6:30 p.m., or by email at contact@bikinizshop.com