Terms and conditions
sales
1. LEGAL NOTICE
The website www.black.oo.pearls.com (hereinafter the “Site”) is open to any user of the Internet.
It is edited by:
The Black Pearls Company (hereinafter “Black Pearls”), a micro-enterprise, whose head office is located in Loire-Atlantique and registered with the RCS of Saint-Nazaire under number 890 821 515 000 16.
Publication Director: Simon Guillet
It is hosted by: Wix
The Site allows Black Pearls to offer clothing products (the “Products”) for sale to Internet users browsing the Site (hereinafter the “Customer”).
Part of our site operates on a pre-order system. By placing a pre-order, the customer acknowledges that if the pre-order objective mentioned on each pre-order product sheet is not reached at the end of the pre-order deadline, he will be refunded the entire purchase, and the production of the pre-ordered item will not be initiated. As production is limited, if the customer buys a product in stock, he acknowledges that he cannot change size after receipt. If the customer wishes to be reimbursed for an order placed in pre-order or in stock and requests it, the refund procedure will be initiated immediately after receipt of the returned item. Any order or pre-order (hereinafter the “Orders” or “Pre-orders”) of Products appearing on the Site requires prior consultation of these general conditions (the “GTC”) and their unconditional and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the context of the store of the Site. The Customer declares to have the capacity to conclude this contract, that is to say to have the legal majority, eighteen (18) years, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these GTC.
Black Pearls reserves the right to adapt or modify these T & Cs at any time. It is agreed that in the event of modification, the version of the GTC applicable to any Order or Pre-Order is the one appearing online on the Site on the day the Order is placed.
These general conditions of sale (hereinafter referred to as "the GTC") apply to any order placed on the website www.black.oo.pearls.com (the "site") relating to the purchase of products presented. on the site (hereinafter referred to as "the products") by the Company Black Pearls, a micro-enterprise, whose head office is located in Loire-Atlantique and registered with the RCS of Saint-Nazaire under number 890 821 515 000 16. (hereinafter -after referred to as “the Black Pearls Company”). The Black Pearls Company reserves the right to adapt or modify these general conditions of sale at any time, the version of the general conditions of sale applicable to any transaction being the one appearing online on the site www.black.oo.pearls .com at the time of order.
Any order for a product appearing in the online store of the website www.black.oo.pearls.com requires prior consultation of these general conditions and their unconditional and irrevocable acceptance. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the site shop. The consumer declares to have the capacity to conclude this contract, that is to say to have the legal majority, eighteen (18) years, and not to be under guardianship.
2. PRODUCTS
In accordance with Article L. 111-1 of the Consumer Code, Black Pearls presents the Products for sale and their characteristics on the Site. The Customer has the possibility of knowing, before taking the final order, the essential characteristics of the Products he wishes to buy.
The offers in stock presented by the company Black Pearls are only valid within the limits of available stocks.
The pre-order offers presented by the company Black Pearls are only valid within the limits of the time available and the quantity offered for pre-order.
The photos representing the Products are only indicative. These photos, like the texts illustrating the Products, do not enter into the contractual field.
3. PRICE
The prices appearing on the Site are indicated in euros including tax and are only valid on the date of validation of the Order by the Customer. Black Pearls reserves the right to modify them, without notice, at any time, it being understood that the invoicing of the Products will be done on the basis of the prices in force at the time of the registration of the Order or the Pre-Order.
The prices do not take into account the delivery costs, invoiced in addition and indicated before the validation of the Order or Pre-Order. The prices take into account the VAT applicable on the day of the Order or Pre-Order and any change in the applicable rate of VAT will be automatically reflected in the price of the Products appearing on the Site. Payment of the full price must be made when ordering or pre-ordering. At no time can the sums paid be considered as a deposit or down payment. These prices are guaranteed subject to typographical or printing errors.
The price of Products shipped outside the European Union and French overseas departments and territories will be calculated exclusive of tax. In this case, the Customer is considered to be the importer of the products. In the event of liability for customs duties, import taxes or other, applicable due to the geographical destination of the products, these costs are the responsibility of the Customer, to whom it is recommended to carry out the necessary checks and procedures prior to the validation of his Order.
4. PAYMENT
The Products are payable in euros on the day of the actual Order. To pay for his Order, the Customer has only one means of payment. The following :
Bank card. For payment by credit card, the Customer communicates the number of his bank card, associated with its expiry date as well as the cryptogram figures appearing on the back of his bank card. In order to ensure the security of payments made online, the Customer accesses a dedicated space made available by the company Stripe, which ensures the security and recording of the payment order and the security of the payment itself. . In this regard, the Customer expressly acknowledges that the communication of his bank card number to the Black Pearls Company through the Stripe company constitutes authorization to debit his account up to the amount of the Products ordered.
The accepted cards are: Visa, Mastercard, Maestro, American Express, ApplePay, GooglePay.
Whatever the means of payment used, the company Black Pearls bears the occasional bank charges generated by the payment, within the limit of the management fees invoiced by the company Stripe. All payment is made through Stripe. Any other costs, whatever the reason, will be invoiced to the Customer.
Black Pearls reserves the right to suspend or cancel any Order or Pre-Order and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. Black Pearls reserves the right in particular to refuse to make a delivery or to honor an Order or Pre-Order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The delivered goods remain the property of the company Black Pearls until receipt of payment. The transfer of risks to the Customer takes place upon delivery of the Products.
The computerized registers, kept in Black Pearls' computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
5. ORDER AND PRE-ORDER
Any Order or Pre-order will be confirmed when the Customer clicks on the “Place my order” button.
Confirmation of the Order or Pre-Order implies acceptance by the Customer of the GTCS and the essential characteristics of the Products.
Upon registration of the Order or Pre-Order, a confirmation email summarizing it (products, price, product availability, quantity, etc.) will be sent to the Customer by Black Pearls. To this end, the Customer formally accepts the use of electronic mail for confirmation by Black Pearls of the content of his order. In any case, the invoices are given upon delivery.
In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum objective of a Pre-Order campaign is not reached, Black Pearls reserves the right to contact the Customer at the end of the campaign to inform them of their reimbursement or production decision.
In this case, Black Pearls must reimburse the Customer within fourteen (14) days of the cancellation of the Pre-order.
If the Product is in stock, the Order will be executed at the latest within 7 days from the day following the day on which the Customer placed his Order. In case of unavailability of the ordered Product, in particular because of the suppliers, the Customer will be informed as soon as possible and will have the possibility to cancel his Order. The Customer will then have the choice to request an exchange of the Product within fifteen (15) days at the latest after receipt or to be reimbursed.
The refund will be made at the latest within fourteen (14) days following the cancellation of the Order.
6. DELIVERY
6.1 Place of delivery
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the residence address of the Customer or any other natural person of his choice, if this is clearly specified during the Order or Pre-order. Delivery cannot be made to hotels or PO boxes.
When registering the Client's personal details, the Client must ensure the accuracy and completeness of the mandatory data that he provides. In the event of an error in the wording of the recipient's contact details, Black Pearls cannot be held responsible for the impossibility of delivering the Product (s).
6.2 delivery times
Delivery times are indicated when ordering. These are indicative times, expressed in working days and corresponding to the average processing and delivery times.
The Customer acknowledges that, in the event of a Pre-Order, the delivery time will be extended. The estimated delivery time appears on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all pre-ordered products.
Black Pearls cannot be held responsible for the consequences due to a delay in delivery not being of its own making or being due to an act of force majeure.
6.3 Receipt of Products
Delivery is deemed to have been made upon delivery of the Products to the Customer by the carrier, as evidenced by the control system used by the latter.
On receipt of the Products, the Customer is required to check the condition of the packaging of the goods and to report the damage due to the carrier on the delivery note, as well as to Black Pearls, within three (3 ) days by sending an email to black.oo.pearls@gmail.com or by sending an email on the contact form on our site.
The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address.
The delivery costs are to be paid by the customer in France and in the world. The return costs will be borne by Black Pearls in the event of withdrawal or in the event of a return for lack of conformity, except when the delivery address is not located in France. We take care of the return costs if necessary in France but they are the responsibility of our international Customers, except in the case of non-conformity of a product, in which case we take care of the return shipping costs.
7. LEGAL GUARANTEE
Black Pearls responds to any lack of conformity existing when the Product is delivered under the conditions of Articles L. 217-4 et seq. Of the Consumer Code.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the Product to act.
- can choose between repair or replacement of the good; in accordance with Article L. 211-19 of the Consumer Code, Black Pearls cannot however proceed according to the Customer's choice if this choice entails a clearly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Customer.
- is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.
This legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code, which make it unfit for the use for which it is intended, or which reduce this use so much that the The buyer would not have acquired it, or would have given a lower price, if he had known them. He can, in this case, choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The action resulting from crippling defects must be brought by the Customer within two years from the discovery of the defect.
8. RIGHT OF WITHDRAWAL
In application of articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to assert his right of withdrawal on his Ordered.
This period starts from the receipt of the Products by the Customer.
The Customer must attach to his withdrawal request a copy of the invoice or any other element allowing the Order in question to be identified, and its holder.
Only the Customer identified as such with Black Pearls can exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery (for example in the event of a gift).
9. RETURN AND REFUND TERMS
Any exchange or return must be declared by the Customer to Black Pearls, via the contact form on the Site.
The Products must be returned by the Customer no later than fourteen (14) days following the communication of his decision to withdraw.
The Product must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing remarketing, having neither been worn nor washed), to request an exchange, a refund or a credit note. without penalty.
If the package is lost or damaged during the product return, the cost of the damage is the responsibility of the Customer.
Products that are not returned within the time limits and conditions referred to above will not be refunded or exchanged by Black Pearls.
The return address will be communicated to you in due course.
In accordance with Article L. 221-24 of the French Commercial Code, Black Pearls undertakes to reimburse the sums collected for the Order or Pre-Order within fourteen (14) days. This period runs from the first of the following two dates: (i) receipt by Black Pearls of the returned Products or (ii) receipt by Black Pearls of proof of shipment of the Products by the Customer.
The reimbursement will be made by crediting the Customer's bank account corresponding to the bank card used to pay for the Order or Pre-Order. If you have changed your bank account, consider giving your new bank details to your old bank.
10. APPLICABLE LAW
These general conditions are subject to French law. In the event of a dispute or complaint, the Customer will first contact Black Pearls to obtain an amicable solution.
The Customer is informed that any consumer can use a consumer mediator free of charge for the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the execution of a contract of sale or provision of services.
It is possible to enter either a consumer mediator from the list on the consumer mediation website ( click here ), or to fill out the automated complaint form allowing you to contact a consumer settlement body. disputes ( click here ).
The request cannot be accepted by the consumer mediator if:
1 ° The Customer does not justify having tried, beforehand, to resolve his dispute directly with the company Black Pearls by a written complaint according to the methods provided;
2 ° The request is manifestly unfounded or abusive;
3 ° The dispute has been previously examined or is under examination by another mediator or by a court;
4 ° The consumer has lodged his request with the mediator within a period of more than one year from his written complaint to the company Black Pearls;
5 ° The dispute does not fall within its field of competence.
The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his mediation request.
In the absence of recourse to mediation, the courts within the jurisdiction of the company's headquarters will be competent.
11. INFORMATION TECHNOLOGY AND FREEDOMS
In order to provide the services offered on the Site, Black Pearls may be required to process personal data concerning you, in particular those which will have been collected during your registration on the site, or when placing your order.
Information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. These data may be transmitted to companies participating in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept in order to pursue the objectives of security, identification, improvement and personalization of services.
The Customer has at any time a right of access, rectification and opposition to personal data concerning him, under the conditions provided for by the law of January 6, 1978. For this, he just needs to send an email to black.oo.pearls@gmail.com and arrangements will be made immediately.
The Customer is likely to receive, from the company Black Pearls, offers relating to products or services similar to those or that which has already been the subject of an order, or newsletters. He will have the right to oppose it at any time free of charge for the future, according to the terms and conditions specified for each dispatch.
We invite you to consult our Privacy Policy for more information on the use of your personal data by Black Pearls.