GENERAL TERMS AND CONDITIONS OF SALE – BACHCA
Simplified joint-stock company registered with the Paris Trade and Companies Register (RCS) under number 818 382 962 and whose registered office is located at 28 rue Jean Jaurès, 44000 Nantes, France.
I. – SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale automatically apply to any sale of the following products:
BACHCA beauty accessories, including in particular hair brushes, makeup brushes, and cleansing brushes.
nettoyantes.
The Seller of the products is Bachca, a simplified joint-stock company registered with the Paris Trade and Companies Register (RCS) under number
818 382 962 and whose registered office is located at 142, rue de Rivoli, 75001 Paris (hereinafter: “the Seller” or “Bachca”).
The Buyer is the party entering into a contract for the purchase of Bachca products.
The sale is deemed concluded on the date of acceptance of the order by the Seller.
Prior to this date, these terms and conditions of sale have been made available to the Buyer, as
referred to in Article L. 441-6 of the French Commercial Code.
Any order implies full and unconditional acceptance of these General Terms and Conditions of Sale, which prevail over
all other conditions, except those expressly accepted by the Seller.
II. – ORDER
Any order, to be processed, must be placed by email to one of Bachca’s email addresses,
including commande@bachca.com.
Orders only become firm and final after acceptance by Bachca and in any case subject to
product availability.
III. – DELIVERY
Unless otherwise expressly agreed, delivery shall be made from the
Seller’s main warehouse located at 9 rue du Fondeur, 44800 Saint-Herblain, within 5 working days from receipt by
by the Seller of a properly completed order.
The risks relating to the ordered products are borne by the Buyer from the time of delivery.
Delivery times are provided for information purposes only and are not guaranteed.
They are automatically suspended in the event of any circumstance beyond the Seller’s
control that delays delivery.
In any case, delivery within the stated timeframe is subject to the Buyer having fulfilled all its obligations
towards the Seller.
From delivery onwards, the risks associated with the products are transferred to the Buyer.
VI. – RETENTION OF TITLE
The Buyer must check, upon receipt, the conformity of the delivered products with the ordered products and the absence
of any apparent defects.
If no claim or reservation is made by the Buyer at the time of receipt, the products may no longer be
returned or exchanged, in accordance with Article 1642 of the French Civil Code.
In the event of an apparent defect or non-conformity reported at the time of receipt, the Seller undertakes
to replace the delivered products with new products identical to the order.
commande.
The costs related to the return and reshipment of replacement products shall be borne exclusively by the Seller.
V. – PRICING AND PAYMENT TERMS
1. Prices
Unless otherwise expressly agreed, product prices are those in effect on the date of the order.
en vigueur au jour de la commande.
They are expressed in euros, excluding taxes, including packaging.
Prices are fixed and non-revisable during their validity period.
2. Payment terms
-First order: full payment upon order, prior to shipment.
-Subsequent orders (reorders): payment within 30 days from invoice date.
Payments may be made by bank transfer, bill of exchange (LCR), or SEPA direct debit.
Payments may not be suspended, reduced, or offset without written agreement from the Seller.
écrit du Vendeur.
In the event of late payment, penalties equal to the ECB refinancing rate (Refi rate), in force on January 1 or
July 1 depending on the order date, plus 10 percentage points, will apply from the day after the due date.
seront appliquées à compter du lendemain de la date d’échéance.
In accordance with Article D.441-5 of the French Commercial Code, a fixed €40 recovery fee will also be
due.
3. Shipping terms
Shipping costs are free for orders of €400 (excluding VAT) or more within mainland France.
métropolitaine).
For orders below this amount, a transport fee will be charged according to the applicable rate.
en vigueur.
4. Invoicing
The Seller shall issue an invoice in two copies upon receipt of the order, one of which shall be provided to the Buyer on the same day.
The invoice shall include the information required by Article L.441-9 of the French Commercial Code.
In the event of late payment, the debtor shall automatically owe a €40 recovery fee, in addition to late payment penalties.
redevable, à l'égard de son créancier, outre des pénalités de retard, déjà prévues par la loi, d'une indemnité forfaitaire
pour frais de recouvrement de 40 euros.
Any payment made shall be allocated to outstanding amounts starting with the oldest due.
celles dont l'exigibilité est la plus ancienne.
Failure to pay on time may result in termination of the sale within 5 working days after formal notice remains unsuccessful, without prejudice to any damages that may be claimed.
de 5 jours ouvrés après une mise en demeure restée sans effet, sans préjudice de tous dommages-intérêts
susceptibles d'être demandés par le Vendeur.
VI. – RETENTION OF TITLE
The products are sold under retention of title.
The Seller retains ownership of the products until full and effective payment of the price by the Buyer.
In the event of non-payment, the Seller may reclaim the products and terminate the sale.
comme précisé ci-dessus.
Bills of exchange are considered payment only upon actual collection.
Risk is transferred to the Buyer upon delivery.
Until full payment, the Buyer undertakes not to modify, incorporate, resell, or pledge the products.
L'Acheteur s'engage jusqu'à complet paiement du prix, à peine de revendication immédiate des produits par le
Vendeur, à ne pas transformer ni incorporer lesdits produits, ni à les revendre ou les mettre en gage.
VII. - GARANTIE
The products are covered by the legal warranty against hidden defects under Article 1641 of the French Civil Code.
VIII. – LIMITATION PERIOD FOR CLAIMS
In accordance with Article 2254 of the French Civil Code, the parties agree that any legal action shall be time-barred
after 14 months from the date of receipt of the invoice by the Buyer.
de la facture par l’Acheteur.
IX. – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
Any dispute relating to their interpretation or execution shall fall under the exclusive jurisdiction of the Commercial Court of Paris.
Tribunal de Commerce de Paris.