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General Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are offered by the company Véronique Girard , under number 2281352635 and whose registered office is located at 2033 Laurier East, Montreal, Quebec, H2H 1B8 . (hereinafter referred to as " BIU-T ").
We will refer to the following hereafter as:
“Site”: the website “ https://www.biut.shop ” and all of its pages, the exclusive property of the Company.
“Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: BIU-T , legal or natural person, offering its Products or Services on the Site.
“Customer”: the internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, as defined in the preliminary article of the Consumer Code: “any natural person who acts for purposes which are outside his trade, business, craft or profession”
Users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these Terms and Conditions, print them and/or
save on a durable medium before placing an order on the Site.
The Client acknowledges having read the Terms and Conditions and accepts them in full.
Article 2 – Application of the General Terms and Conditions and Purpose of the Site
The Seller reserves the right to modify the Terms and Conditions at any time by publishing a new version of them on the Site.
The terms and conditions applicable to the Customer are those in effect on the day of their order on the Site.
Legal information concerning the hosting provider and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms of use, the legal notices and the data charter of this Site.
This Site offers the online sale of hair extension products.
The Site is freely accessible to all Customers. Purchasing a Product or Service implies the Customer's acceptance of these Terms and Conditions in their entirety, and the Customer acknowledges having read and understood them fully. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance statement of these Terms and Conditions, such as "I acknowledge that I have read and accepted all the Site's Terms and Conditions." Checking this box will be considered to have the same legal value as a handwritten signature by the Customer.
Acceptance of these Terms and Conditions implies that the Clients possess the necessary legal capacity to do so. If the Client is a minor or lacks this legal capacity, they declare that they have the authorization of a guardian, curator, or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless the Customer provides evidence to the contrary, waives the right to contest them in the event of a dispute.
Any Order of Products implies the Customer's unreserved acceptance of and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless otherwise expressly agreed in advance by the Company.
Article 3 – Customer Service
Customer service for this Site can be reached by email at the following address: “ Contact Us – BIU-T ” via the contact form or by mail to the address indicated in the legal notice. The Customer must include their first name, last name, the subject of their request, and their Order number in the email.
For all professional inquiries (partnership, media, contract proposals), the Company can only be contacted by email at Contact Us – BIU-T .
Article 4 – Order placement procedure and description of the purchasing process
The Products and Services offered are those listed in the catalogue published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photos on the Site are for illustrative purposes only and may differ significantly from the actual products. These variations are due to differences in screen and camera settings, product lighting, camera angle, etc.
The term "Shopping Cart" is defined below as the virtual container holding all the Products or Services selected by the Site's Customer for purchase after clicking on them. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Shopping Cart," the contents of which can be modified at any time.
The Order validation date corresponds to the date of receipt of the full cash payment of the total price including VAT, duly recorded.
Article 5 – Price and payment terms
Unless otherwise stated, the prices in the catalogue are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
BIU-T reserves the right to pass on any changes in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day the order is placed will be the only price applicable to the Customer.
The Customer can place an order on this Site and can pay by Credit Card, Bancontact, Apple Pay or PayPal. Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" section of these Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, who may provide proof thereof by any means. Product availability is indicated on the Site, in the description of each Product.
BIU-T will archive purchase orders and invoices on a reliable and durable medium, constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between them.
Article 6 – Deliveries
Shipping costs will be shown to the Customer before any payment is made. The Site has no geographical delivery restrictions; orders can be shipped worldwide. Delivery times indicated at the time of ordering are estimates only and are subject to potential delays by postal services or other unforeseen circumstances preventing delivery (demonstrations, severe weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
For deliveries made in person, the customer may refuse a package upon delivery if they notice any issues with the delivery (damage, missing items compared to the delivery note, damaged packaging, broken products, etc.). Any such issues must be clearly indicated by the customer on the delivery note as handwritten remarks, accompanied by the customer's signature. To exercise their right of refusal, the customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. For deliveries to a mailbox, the customer agrees to immediately check the package and contact BIU-T support if they notice any problems. Failure to comply with these instructions will prevent the customer from exercising their right of refusal, and the seller will not be obligated to accept the customer's request to exercise this right.
If the Customer's package is returned to the Seller by the postal service or other delivery providers, the Seller will contact the Customer upon receipt of the returned package to inquire about how they wish to proceed with their order. If the Customer mistakenly refused the package, they may request reshipment after first paying the postage costs for the new shipment. Postage costs must be paid even for orders that initially received free shipping.
In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Customer is a Consumer and the contract for the purchase of the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. The Seller cannot be held responsible for any defect resulting from the Customer's negligence or misuse.
Any delay in delivery beyond the date or timeframe indicated to the Consumer Customer at the time of their order, or, if no date or timeframe was indicated at the time of the order, any delay exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the Consumer Customer's initiative, upon written request by registered letter with acknowledgment of receipt, if, after having formally requested the Seller to make the delivery, the Seller has failed to do so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause does not apply if the delivery delay is due to a case of force majeure.
In the specific case of a package whose tracking number indicates it has been "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating "delivered," customer service may request additional information and an official document from the postal service (La Poste) addressing their claim regarding the corresponding tracking number. The Seller will then make every effort to ensure the Customer's satisfaction, including offering immediate reshipment of the products at their own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Customer has fourteen (14) business days from the date of receipt of the product ordered to withdraw from the contract. They must return any product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of BIU-T 's receipt of the refund request.
The Product must be returned in perfect condition, in its original packaging, and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to BIU-T . It is understood that the Customer will bear the return shipping costs in the event of withdrawal.
The Customer is advised to return the item using a trackable shipping method. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal service to locate it.
The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until the Product is received or until the Customer has demonstrated that they have shipped the Product, if such demonstration has not already taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Client may be held liable.
In accordance with Article L121-17 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the website:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
Véronique Girard - 2033 Laurier East, Montreal, Quebec, H2H 1B8
I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the following property:
Order number:
Name / Surname:
Telephone number:
E-mail address :
Postal address:
Reason for the complaint:
Signature of the Client(s) (only if this form is submitted on paper):
Date :
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may choose to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code, unless the seller has stipulated that they are not bound by any warranty. If this warranty is invoked, the buyer has the choice between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. They have two years from the discovery of the defect to make this claim.
The postponement, suspension or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code;
Legal guarantee of conformity
The Seller is obligated to deliver goods that conform to the contract concluded with the Consumer Client and is liable for any lack of conformity existing at the time of delivery. The guarantee of conformity may be invoked if a defect exists on the day the Product is taken into possession.
However, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer.”
Legal guarantee against hidden defects
If a delivered Product is not as described, it may be returned to the Seller for exchange. If an exchange is not possible (due to the Product being obsolete, out of stock, etc.), the Customer will be refunded the full amount of their order by check or bank transfer. The costs of the exchange or refund process (including return shipping costs) will then be borne by the Seller.
Article 9 – Liability
BIU-T shall not be held liable for any failure to perform the contract due to a force majeure event. Regarding the purchased Products, the Seller shall not be liable for any indirect damages arising from this agreement, including but not limited to loss of business, loss of profits, damages, or expenses.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, malfunction, or the exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.
The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, BIU-T shall under no circumstances be held liable:
The Seller cannot be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations totally impossible.
The occurrence of a force majeure event will automatically suspend the execution of the Order.
If, after a period of ninety (90) calendar days, the force majeure event persists, either party may cancel the Order and terminate the sales contract. To this end, the party acting most diligently must send the other party a registered letter with acknowledgment of receipt denouncing the sales contract.
The termination will take effect on the date the letter is first presented. In this case, neither party will be entitled to damages, unless both parties agree otherwise.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners.
All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even if tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private purposes is permitted, subject to any different or more restrictive provisions of the Intellectual Property Code.
Any reproduction, in whole or in part, of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation, and such deletion shall not constitute damage to them, without prejudice to any subsequent legal proceedings against them, initiated by the Seller or its agent.
The trademarks and logos contained on the Site may be registered by BIU-T , or possibly by one of its partners. Any person carrying out their representations, reproductions, embeddings, distributions and redistributions is liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The data collected is processed by the Site's contractual service providers who are in charge of packaging and distributing the Products ordered, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.
The data collected is kept by the Company only for the time corresponding to the purposes of the above collection and which shall in any event not exceed five (5) years.
In accordance with Law No. 2018-493 of 20 June 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete or object for legitimate reasons, to his data.
The Customer may exercise their rights by emailing Contact Us – BIU-T
Article 13 – User Comments and Other Suggestions
If the Client sends ideas, proposals, or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), at the Company's request or otherwise, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the Client sends to it.
The Company is not and shall not be obligated (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify or remove content that it deems, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that infringes any intellectual property rights or these General Terms and Conditions of Sale.
The Customer agrees to write comments that do not infringe upon the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. The Customer agrees not to write any unlawful, defamatory, offensive, or obscene content in their comments, and that they will not contain any computer viruses or other malware that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false email address, impersonate someone else, or otherwise mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with respect to comments published by the Client or any third party.
Article 14 – Independence of clauses
If any provision of the Terms and Conditions is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions supersede all prior or contemporaneous agreements, whether written or oral. These Terms and Conditions are not assignable, transferable, or sublicensable by the Client.
A printed version of these Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to these Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions must be in French.
Article 15 – Applicable Law and Mediation
The General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to take legal action against any attempt at fraudulent purchase or purchase using a prohibited, blocked, stolen, or falsified bank card. In such cases, no attempt at amicable settlement will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from the performance of its contractual obligations.
Compensation
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, caused by any third party due to or arising out of your use of the Website or our products and services, your breach of the terms or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
Any national or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].
The European Commission website describes the mediation process used and allows Clients to submit a mediation request online along with supporting documents.
The dispute cannot be examined by the Mediator if:
- The Client has not provided evidence of having previously attempted to resolve their dispute directly with the Company through a written complaint.
- the request is clearly unfounded or abusive,
- the dispute has previously been examined or is currently being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within its area of competence.
Mediation is free for the Client. If the Client, at any stage of the mediation, uses a lawyer, a third party of their choice or an expert to represent them, they will bear all the costs.
The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not preclude the possibility of legal action. The parties remain free to submit their dispute to a judge in accordance with applicable legal provisions. In the event of litigation before a judge, jurisdiction is conferred upon the competent Estonian court.
The Site reserves the right to take legal action against any attempt at fraudulent purchase or purchase using a prohibited or blocked credit card, or a stolen or forged check. In such cases, no attempt at amicable settlement will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from the performance of its contractual obligations.
Parts warranty:
The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes malfunctions caused by external factors. Under these conditions, the seller agrees to replace the defective part.
All rights reserved – July 1, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to BIU-T SMS marketing When you pay and initiate a purchase or subscribe through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving marketing messages and notifications via SMS, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a valid means of opting out. We do not charge for the service, but you are responsible for any text messaging charges imposed by your wireless service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us via the Contact Us – BIU-T link or by email at monroyaumebeaute@gmail.com for more information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code we have changed, including requests to STOP or HELP, will not be received, and we will not be obligated to fulfill any requests made in those messages.
To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent via the service, any errors in such information, and/or any actions you may or may not take in reliance on the information or the service.
Your right to privacy is important to us. You can consult our privacy policy: Privacy Policy – BIU-T to determine how we collect and use your personal information.
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