GTC

This site https://www.balzac-paris.fr (hereinafter referred to as the " Site ") is published by the company Maison Balzac (hereinafter referred to as the " Seller "), a simplified joint-stock company with capital of 37,800 euros, registered with the Paris Trade and Companies Register under number 801 504 879, whose registered office is located at 1 Cité du Paradis, 75010 Paris, represented by Mrs. Chrysoline Mace de Gastines, President, domiciled in this capacity at said registered office.

The customer service contact details are as follows:

email: balzac-et-vous@balzac-paris.fr

WhatsApp: +33(0)7 85 95 90 02

The site is hosted by Shopify Inc, whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.

The Seller designs, manufactures and markets clothing, shoes, jewelry, bags and accessories (hereinafter referred to as the (“ Products ”), presented on the Site worldwide.

The GCS are applicable exclusively to the sale, by the Professional Seller of Products presented on the Site, access to which is free and open to all Internet users.

The T&Cs exclusively govern sales contracts for purchasers who are consumers (hereinafter referred to as the " Customer ") and are binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the Products which do not have only an indicative value.

The T&Cs are exclusively applicable to Products purchased by Customers from the website or in-store.

The Customer is prohibited from any resale of the new Products delivered by the Seller.

The GCS are written as well as all the contractual information mentioned on the Site in French. The GCS are made available to Customers on the Seller's Site where they can be directly consulted and can also be communicated to him on simple request by telephone, e-mail or post.

The T&Cs are enforceable against the Customer who acknowledges having read them and having accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Professional Seller in accordance with article 1127-2 of the civil code.

The Seller reserves the right to modify its T&Cs at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy dated to date of which can be given to the Customer on request.

The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and decisive clause having led one of the parties to conclude the sales contract.

The temporary or permanent non-application of one or more clauses of the GCS by the Seller does not constitute a waiver on its part of the other clauses of the GCS which continue to produce their effects.

These GCS prevail over any other contractual document of the Customer.

The Products offered for sale presented in the catalog published on the Site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. The photographs illustrating the Products do not constitute a contractual document. The photographs that may accompany the presentation of the Products may include goods that are not systematically offered for sale.

The Products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.

The Products are offered and delivered within the limits of available stocks.

In the event of unavailability of the Product ordered noted once the price has been paid, the Seller shall immediately inform the Customer and may offer him a Product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order. In the event of the Customer's disagreement, the Seller shall reimburse the sums paid within a maximum period of fifteen days. Apart from reimbursement of the price of the unavailable Product, the Seller is not liable for any cancellation compensation.

The sale prices, in accordance with article L.112-1 of the consumer code, are indicated, for each of the Products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation. of the order and invoiced in addition. The total amount owed by the Customer is indicated on the order confirmation page, with delivery and transport costs. The selling price of the Product is that in force on the day of the order.

In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.

The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

The online sales offers presented on the Site are reserved for consumers. The online sales offers presented on the Site are valid, in the absence of indication of a particular duration, as long as the Products appear in the electronic catalog and within the limits of available stocks.

The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the order.

To place an order, the Customer, after having created an account (indicating his first name, last name, postal address, e-mail address and telephone number) and filled his virtual basket indicating the selected Products and the desired quantities, then clicks on the " Validate my basket” and provides the information relating to the delivery and the method of payment.

Before clicking on the "Validate my order" button, the Customer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.

The validation of the order entails the acceptance of the GCS and forms the contract between the Seller and the Customer.

An e-mail acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.

Any order modification by the Customer after confirmation of his order is subject to acceptance by the Seller.

The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for purchasers having the status of consumers, or if there is a previous dispute regarding unpaid.

The Seller cannot be held responsible for the consequences resulting from erroneous or incomplete data mentioned by the Customer and in particular concerning the quantities and types of Products ordered or the delivery time slot.

The sales contract is formed when the Customer sends the confirmation of his order. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1379 of the civil code. These communications, purchase orders and invoices can be produced as proof of the contract.

The order may be canceled by the Seller in the event of the Customer's refusal to take delivery, or non-payment of the price (or the balance of the price) at the time of delivery.

The price is payable in full after sending the order confirmation.

The secure payment methods available on the Site are as follows:

• Payment by credit card (Credit card, Visa, Eurocard, Mastercard);
• Payment by Paypal;
• Payment in 3 installments free of charge with ALMA.

An invoice showing the VAT can be sent to the Customer, on simple request from the latter addressed to the Seller.

Delivery means the transfer to the Customer of physical possession or control of the goods.

The Customer can choose between the following delivery methods:

• Click and collect delivery in Balzac stores;
• Delivery to a pick-up point (Mondial Relay);
• Home delivery (Private Parcel)
• Express Home Delivery (UPS)
• Express home delivery in France (Chronopost)

The Products are delivered to the address indicated by the Customer when ordering. Delivery is made by direct delivery of the Product to the Customer or, failing that, by sending the Product(s) covered by the Order by the Seller.

When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the Product delivered and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the Product and notify the Seller.

The Professional Seller undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products as soon as possible. The time mentioned on the Site is indicative. In the event of a group purchase of several Products, the delivery time applicable to the entire order corresponds to the longest time indicated for one of these Products. When the ordered Product is not delivered at the end of the period mentioned on the order form, the Customer may, after having unsuccessfully ordered the Seller to perform its delivery obligation within a reasonable additional period, terminate the contract by email. .

The risks of loss or damage to the goods are transferred to the Customer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature.

The Customer has the option of returning his Product(s) ordered to the Seller within 30 days of the Order by contacting Customer Service.

The Products must be returned, accompanied by the return form downloaded from the customer area, at the address: 1 Cité Paradis, 75010 Paris.

This period may be extended depending on promotional operations displayed on the Site.

In order to be returned, the Product must meet the following conditions:

• The Product must be new, with its original label and returned in its original packaging;
• The Product must not have been worn and/or washed, must not be damaged or stained and must not have an undesirable odor;
• The Product must not be personalized;
• If it is a Perfume or a pair of Tights, the Product must not be unsealed,
• If it is an undergarment, the hygiene protection must not have been removed.

Returned Products and delivery costs will be refunded to the Customer if the order is returned in its entirety. Balzac Paris therefore reserves the right not to reimburse the shipping costs if the order is returned without a goodie offered at the time of the order.

The costs of returning the Product will be at the Client's charter.

Any Product that does not comply with the return conditions set out in this article cannot be returned.

The Customer has the possibility of withdrawing, without giving any reason, within 14 days from the day of receipt of the Product. To exercise the right of withdrawal, the Customer must inform the Seller's customer service, whose contact details are at the top of these GCS, specifying his name, postal address, telephone number and e-mail address as well as his decision to withdrawal from the contract by means of an unambiguous declaration.

He can use the model withdrawal form (Appendix to the GCS – at the bottom of this document). The burden of proof of the exercise of withdrawal rests with the Customer.

To be returned, the Product must meet the conditions indicated in the “Customer Returns” article.

The Customer must return the Product(s) to the Seller at the address Maison Balzac, 1 Cité Paradis 75010 Paris, without undue delay and, in any event, no later than 14 days after informing Customer Service of its decision. of withdrawal and having downloaded the "good return" in the "My account" area of ​​the Site.

The Customer bears the direct costs of the return.

In the event of withdrawal, the Seller shall reimburse all payments received from the Customer (including delivery costs if the order is returned in its entirety), with the exception of return costs which remain the responsibility of the Customer , without undue delay. and, in any case, no later than 14 days from the day on which the Seller is informed of the decision to withdraw. The Seller may defer reimbursement until the goods are recovered or until the Customer has provided proof of the shipment of his goods; the date chosen being that of the first of these events.

The Seller makes the refund using the same means of payment as that used for the initial transaction. With the express agreement of the Client, another means may be used. In any event, this reimbursement will not incur any additional costs for the Customer.

The right of withdrawal does not apply:

• To Products made according to the customer's specifications, and in particular to Products made to measure (Article L221-28 3°);
• To Products which have been unsealed by the Customer and which cannot be returned for hygiene reasons (Article L221-28 5°) (Unsealed perfume; underwear; tights).

Article L221-23 of the Consumer Code:

The consumer sends back or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21 , unless the professional offers to recover these goods himself.
The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or if he has failed to inform the consumer that these costs are to be borne by him. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post because of their nature.
The consumer's liability can only be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of article L. 221-5 .

All the Products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code

12.1 - Implementation of the conformity guarantee

The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

To comply with the contract, the good must be suitable for the use usually expected of a similar good and, where applicable, present the qualities that a Customer can legitimately expect in view of the public declarations made by the Seller, or by its representative, in particular in advertising or labelling.

If the Product does not comply with the order, the Customer must send a complaint to the Professional Seller whose contact details are at the top of these GCS.

When acting under the legal guarantee of conformity, the Customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-12 of the consumer code.

The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

In the event of unavailability of the Products on delivery, the Professional Seller may offer, under the conditions provided for in Article 3 of the GCS, a Product equivalent in terms of quality and price.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

12.2 - Implementation of the warranty against hidden defects

The Seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would not have given only a lesser price, if he had known them.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

The Seller is not liable for apparent defects of which the Customer has been able to convince himself.

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

12.3 – Legal provisions

“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

"When the contract of sale of the goods provides for the supply of digital content or a digital service continuously for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter.

“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good.
“The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.

“If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

“If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

"The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:

“1° The professional refuses to repair or replace the good;

“2° The repair or replacement of the goods takes place after a period of thirty days;

"3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good. or replacement;

“4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.

“The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.

“The consumer is not entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilization of the good for its repair or its replacement suspends the guarantee which remained to run until the delivery of the restored good.

“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

“A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover. ( article L. 241-5 of the consumer code ).

“The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property. »

The liability of the Professional Seller cannot be engaged in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

The Seller declares that it is insured with an insurance company known to be solvent with regard to its civil operating liability.

In all cases of non-performance of obligations by the Customer, the deposit paid with the order remains with the Professional Seller as compensation.

The elements reproduced on the Site (including in particular photographs, videos, logos, graphic charter, texts, data, etc.) are the exclusive property of the Seller and are protected by copyright, trademark law, competition law. unfair and database law.

Any reproduction and any distribution, even partial, of these elements, without the prior and express authorization of the Seller, exposes the offenders to legal proceedings.

The Products marketed by the Seller are also protected by intellectual property law and may not be copied. The Seller reserves all appropriate legal action against any third party who proceeds to copy its Products.

The rules applicable to the processing of personal data by the Seller are detailed in the personal data management policy accessible by clicking here: https://balzac-paris.fr/pages/donnees-personnelles.

This agreement is subject to French law.

16.1 Complaints

In the event of a dispute, the consumer must contact the Seller's customer service at the number indicated in the header of these GCS, not surcharged from a landline in metropolitan France, Monday to Friday except public holidays or non-working days, or by e-mail or post, to the contact details mentioned in the header of these GCS.

16.2 Mediation

In the event of failure of the complaint request to customer service or in the absence of a response from this service within two months, and in accordance with article L. 612-1 of the Consumer Code, the Customer , subject to Article L.612.2 of the Consumer Code, has the right to submit a request for amicable resolution by way of mediation, within a period of less than one year from its written complaint to the Seller.

The request for mediation must be sent to SAS Médiation Solution as follows:

• Or in writing to: Sas Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost. Such. 04 82 53 93 06
• Either by email to: contact@sasmediationsolution-conso.fr
• Either by completing the online form entitled "Seize the mediator"
  on the website https://www.sasmediationsolution-conso.fr

Regardless of the means of referral used, the request must imperatively
contain :

• The postal, telephone and electronic contact details of the
  applicant,
• The name, address and registration number of the Seller at Sas Médiation Solution (n° 31097/VA/2112);