Terms of sale
Effective as of 10/02/2024
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (known as the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.bh-menswear.com. The Products offered for sale on the site are as follows:
Men's clothing, blog and tips
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.bh-menswear.com, which the customer is required to be aware of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These GTC are accessible at any time on the website www.bh-menswear.com and will prevail over any other document.
The Customer declares that he has read these GTC and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the www.bh-menswear.com website.
Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
B.H MENSWEAR, SAS
Share capital of 1000 euros
Registered with the RCS of Paris B, under number 951040187
60 rue François 1er, 75008 Paris
Email: contact@bh-menswear.com
Intra-Community VAT number FR15951040187
The Products presented on the website www.bh-menswear.com are offered for sale for the following territories:
Overseas, European Union, International. See the list of countries in the Deliveries & Returns section.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and the sole responsibility of the Customer.
ARTICLE 2 - PRICE
The Products are provided at the current rates indicated on the website www.bh-menswear.com, when the order is registered by the Seller.
Prices are expressed in Euros, HT and TTC.
The rates take into account any discounts that would be granted by the Seller on the website www.bh-menswear.com.
These rates are firm and not reviewable during their period of validity but the Seller reserves the right, outside the validity period, to change their prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced extra, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Ordered Products.
ARTICLE 3 - ORDERS
It is the Customer's responsibility to select on the website www.bh-menswear.com the Products he wishes to order, according to the following methods:
To place an order you can log in through an already existing account or create a new account, It is imperative that you provide us with real and updated information so that the order can be properly carried out and delivered.
When we have the information to establish the invoice for your order, to identify you as the person who placed the order and to allow us to make the delivery, we will offer you different delivery methods. It will be up to you to choose one that will be charged to you at the price indicated.
You will then be offered to choose the payment method you want to implement. Unless otherwise stated, all transactions are made by credit card or PayPal on our website. You may be subject to specific conditions attached to the payment method you choose.
All these means of payment are published and carried out by third-party companies. Thus, we never have access to your bank data.
Also, in order to combat fraud, we have implemented order verification procedures. These means can allow us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email to the address you have given us. If this cancellation is not necessary, do not hesitate to contact us.
You acknowledge that placing an order implies an obligation to pay. (The absence of payment prevents any formation of the order). You are then immediately given an order number.
Under Article 1127-2 of the Civil Code, the validation of the electronic contract is done according to the "double-click" principle by which the Customer can check the details of his order and its total price at first in order to be able to correct any errors and then confirm his order to express his acceptance.
Your order confirmation results in the conclusion of a contract between SAS B.H MENSWEAR and you.
An email acknowledging receipt of the order, your acceptance, payment of the order is sent by B.H MENSWEAR as soon as possible to the email address you provided during the order process. At the same address, you will be sent a second email allowing you to access the tracking of the package.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the www.bh-menswear.com website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller 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.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within the withdrawal period that expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the good or the last good.
ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information about his marital status and contact details, including his email address.
The Customer is responsible for updating the information provided. He is told that he can change them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his username and password that will be communicated to him after registration and which are strictly personal. As such, the Customer is prohibited from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request his unsubscription by going to the dedicated page on his personal space or by sending an email to: contact@bh-menswear.com. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the www.bh-menswear.com website will have the possibility to suspend or even close a customer's account after formal notice sent electronically and without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Customer's personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, in the following ways:
Payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Customer.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.bh-menswear.com.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be obliged to deliver the Products ordered by the Customer if the latter does not pay him the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following area(s):
Overseas, European Union, International. Please refer to all available countries…Deliveries take place within a period, In the absence of an indication or agreement to the contrary as to the delivery date, we undertake to deliver the Products you have ordered, within fourteen (14) calendar days after payment of the order. to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been shipped within fourteen days (14), the customer may cancel the order after sending an email to contact@bh-menswear.com after the indicative delivery date, for any cause other than force majeure or the fact of the Customer, the sale may be resolved at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days after the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of the order and which the carrier can easily access.
When the Customer has himself taken charge of using a carrier he chooses himself, the delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is the carrier who is responsible for making the delivery and has no warranty recourse against the Seller in the event of non-delivery of the goods transported.
In the event of a particular request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 30 days from delivery to make complaints. For any complaint, please contact us at the email address contact@bh-menswear.com, accompanied by all the related supporting documents (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at his expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
The transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's own risk except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the property to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first goods. ”
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email details indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original and complete condition (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remaining at the Customer's expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The Products provided by the Seller benefit from:
The legal guarantee of conformity, for Products defective, damaged or damaged or not corresponding to the order,
The legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the products delivered and making them unsuit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. ”
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1° If it is suitable for the usual expected use of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. ”
Article 1641 of the Civil Code.
"The seller is bound by the guarantee because of the hidden defects of the thing sold that make it unsuitable for the use for which it is intended, or that reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ”
In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within Fourteen (14) days of the Seller's finding of the lack of conformity or hidden defect. This refund will be made by transfer.
The Seller cannot be held liable in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any case, limited to the replacement or refund of Products that are not compliant or affected by a defect.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.bh-menswear.com website are as follows:
Opening an account
When creating the Customer / user account:
Names, first names, postal address, phone number and email address.
Payment
As part of the payment of the Products offered on the www.bh-menswear.com website, it records financial data relating to the Customer / user's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and his employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of treatment
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures regarding digital security to protect personal data from unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the www.bh-menswear.com website have the following rights:
They can update or delete the data concerning them in the following way:
By logging into your own personal account and deleting it.
They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Seller is inaccurate, they may request the information to be updated by writing to the address indicated in Article 9.3 "Data Controller"
They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 "Controller"
They can also request the portability of the data held by the Seller to another service provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not preclude the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the Customer must be reasoned.
The Customer is informed that in the event of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box in which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the www.bh-menswear.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTC and the transactions resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case use conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is
CM2C
49 rue de Ponthieu, 75008 Paris
Www.cm2c.net
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm? Event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
WITHDRAWAL FORM
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.bh-menswear.com except for exclusions or limits on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of SAS, B.H MENSWEAR
60 rue François 1er, 75008 Paris
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate the date)
- Order number: ................................................................
- Customer's name: ................................................................................
- Customer's address: ...............................................................................
Signature of the Customer (only in case of notification of this form on paper)