General terms and conditions of sale (GTCS)

Welcome to Bekombo!

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.

INTRODUCTION

The merchant site www.bekombo.com (hereinafter referred to as the “Site”) is an e-commerce space accessible via the Internet, open to all users of this network (hereinafter referred to as the “Internet User”).

The Site is published by the company Bekombo (hereinafter referred to as “Bekombo”) via Shopify, its hosting company. Bekombo has a capital of 0 euros and its registered office is located at 95 rue du pays de retz, 44860 PONT SAINT MARTIN in France. Bekombo is registered with the Registre du Commerce et des Sociétés de Nantes under number 930 680 582. To contact Bekombo by e-mail : go to the “Contact” section of the Site. Bekombo is represented by Joëlle BEKOMBO (EI) as founder, duly empowered for the purposes hereof.

The Site enables Bekombo to offer for sale/pre-order textile products and accessories manufactured and designed by Bekombo and/or its possible commercial partners (hereinafter referred to as “Products/Product”) to Internet users browsing the Site (hereinafter referred to collectively as “Customers/Client”). The list and description of the Products offered by Bekombo can be consulted on the www.bekombo.com website. For the purposes hereof, it is agreed that the Customer and Bekombo will be collectively referred to as the “Parties” and individually referred to as a “Party”, and that the Customer who has validated an order will then be referred to as the “Buyer”.

It is specified that the Products are reserved for private individuals and are exclusively intended for personal use. Under no circumstances may the Products be used by the Buyer for professional purposes. In this respect, the Buyer's attention is particularly drawn to the fact that the unit amount of his orders must not exceed the sum of one thousand (1,000) Euros inclusive of tax, and that the order may not include more than five (5) quantities of the same reference / color / size. Bekombo reserves the right to refuse orders exceeding either of these limits.

Any order for a Product offered on the Site implies the Buyer's acceptance of these general terms and conditions of sale. In general, any visit to the Site implies the Buyer's acceptance of these terms and conditions of use (c.f. Terms and Conditions tab at the bottom of the site page).

Bekombo reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale applicable are those in force on the date the order is placed.

ARTICLE 1 - PURPOSE

These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the online sale of Products offered on the Site; they apply to the exclusion of any other document.

ARTICLE 2 - GENERAL PROVISIONS

By proceeding with payment, we assume that the Buyer has read and accepted the General Terms and Conditions of Sale and the General Terms and Conditions of Use. The Buyer must not pay if he does not accept all the terms and conditions stated on this page. By proceeding with payment, the Buyer declares that he/she has read the present General Terms and Conditions of Sale and General Terms and Conditions of Use and accepts them without restriction or reservation. Likewise, the Buyer acknowledges that he/she has received the necessary advice and information to ensure that the Products meet his/her needs. In the absence of proof to the contrary, the information recorded by Bekombo constitutes proof of all transactions.

ARTICLE 3 - PRICES

1/2 : Products

Only the Products listed on the Site on the day of consultation by the Customer are offered for sale. Product offers and prices are valid while stocks last, as long as they are visible on the Site. Bekombo does not currently have a physical store. All the Products offered by Bekombo are sold and accessible exclusively on the www.bekombo.com website and/or on the websites and in the physical stores of its commercial partners. Please consult the list below:

  • No commercial partners for the moment.

In addition to the photographs reproduced and illustrating the Products presented, the Buyer is invited to consult the description of each Product for its characteristics.

2/2 : Prices

Prices are indicated in the currency chosen by the Buyer, inclusive of all taxes. The Value Added Tax is that in force on French territory at the time the order is placed.

The prices applied are those shown on the Site at the time the order is placed.

Where applicable, the flat-rate contribution to delivery costs will be communicated to the Purchaser on the summary of the contents of the basket before the Purchaser validates the order.

ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT

The Buyer must follow a series of steps specific to each Product offered for sale by Bekombo in order to complete his/her order. However, the steps described below are systematic: - Information on the essential characteristics of the Product; - Choice of the Product and, if applicable, its options; - Choice of the delivery method and information on the delivery time and cost; - Indication of the Buyer's essential data (identification, address, etc.); - Acceptance of the present General Terms and Conditions of Sale; - Verification of the elements of the order and, if applicable, correction of errors; - Follow-up of payment instructions and payment for the Products; - Confirmation of the order. The Purchaser will then receive confirmation of payment by e-mail, as well as an order acknowledgement confirming receipt of the order. Before finalizing the purchase, the Buyer will be able to read the present General Terms and Conditions of Sale, which will be linked at the bottom of the page allowing him to validate his basket. He/she may also consult these Conditions of Sale at any time by clicking on the link at the bottom of the Site page. For delivered products, delivery will be made to the address indicated by the Buyer. In order for the order to be processed correctly, the Buyer undertakes to provide truthful identification details. Bekombo reserves the right to refuse an order, for example, in the event of an abnormal request, a request made in bad faith, or for any other legitimate reason. The Buyer will have the opportunity, if he/she so wishes, to easily create a customer account directly on the Site, in order to facilitate this future purchase (LINK PRIVACY POLICY). The customer may delete this customer account at any time, by taking the necessary steps on the Site. Instructions for creating or deleting this customer account will be clearly indicated on the Site at the appropriate time.

ARTICLE 5 - PRODUCTS AND SERVICES

The essential characteristics of the Products and their respective prices are made available to the Buyer on the Site. By making payment, the Buyer certifies that he/she has received details of delivery costs, as well as the terms of payment, delivery and performance of the contract. Bekombo undertakes to honour the Buyer's order while stocks last. Bekombo will inform the Customer of any shortages. This contractual information is presented in detail and in French or English. In accordance with French law, they are summarized and confirmed when the order is validated. The Parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the sales pages of the Products, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of Products. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated). In accordance with the legal provisions concerning conformity and hidden defects, Bekombo will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested by contacting Bekombo by e-mail only (c.f: CONTACT tab on the Site).

ARTICLE 6 - RETENTION OF TITLE CLAUSE

Products remain the property of Bekombo until full payment has been received.

ARTICLE 7 - DELIVERY TERMS

1/3 : Home delivery

The Buyer will receive his/her order within ten (10) to fifteen (15) working days of placing it. Orders placed on the Site on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders placed on the Site on a public holiday are also processed on the next working day.

Products ordered by the Buyer are delivered to the address indicated by the Buyer at the time of ordering, accompanied by a delivery note. The Buyer has the option of having the Products delivered to an address other than his/her own. Delivery will not be guaranteed in the event of force majeure, such as an exceptional, unforeseeable and irresistible event justifying exemption from an obligation, commitment or responsibility (for example: natural disaster, unstable political situation, etc.).

Bekombo shall not be held liable for any subsequent change of address by the Buyer that was not notified in a timely manner, or for any error in the Buyer's contact information provided when the order was placed.

2/3 : Delivery to collection points

Delivery to a collection point is available. The Buyer will be asked to provide the necessary information at the appropriate time.

3/3 : Delivery rates

  • As Products are delivered internationally, Bekombo is unable to give exact information about the cost of delivery, but the Buyer will be informed in due course.

Products are delivered to the delivery address indicated at the time of order and within the time indicated. This period does not include the time required to prepare the order. When the Buyer orders several types of products at the same time, these may have different delivery times and be delivered in different ways. As Bekombo partners with manufacturing plants in different parts of the world, the purchase of different types of Products in the same order may generate different delivery charges. For example: “I'm ordering a beanie and a hoodie”, as they are not designed in the same place, the distance between the delivery address and each factory may vary, resulting in separate and different delivery charges for each product. An order tracking system will be available once the purchase has been made. Bekombo also provides an e-mail contact point, indicated in the order confirmation e-mail, to ensure order tracking. Bekombo reminds you that when the Buyer takes physical possession of the Products, the risk of loss or damage to the Products is transferred to the Buyer.

ARTICLE 8 - AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of our available stocks or subject to our suppliers' available stocks.

ARTICLE 9 - PAYMENT

Payment is due immediately upon ordering, including for pre-ordered products. The Buyer may pay by credit card or by any other secure method of payment offered by the Site to the Buyer at the appropriate time. Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted in accordance with the rules of the art and cannot be read during transport on the network. Once payment has been made by the Buyer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Buyer authorizes Bekombo to debit his/her card for the amount relating to the price indicated. The Buyer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the purchase of the Product is immediately cancelled and the order cancelled.

ARTICLE 10 - WITHDRAWAL PERIOD

In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of (14) fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return”. “The period mentioned in the previous paragraph runs from receipt of the goods. The right of withdrawal may be exercised by contacting Bekombo by e-mail only (c.f: contact tab on the Site). If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be reimbursed, and the cost of returning the Product(s) will be borne by the Purchaser. Reimbursement will be made via the method of payment used only, and will be effective upon receipt of the product by Bekombo. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.

ARTICLE 11 - WARRANTIES

In accordance with the law, Bekombo assumes two warranties: for conformity and for hidden product defects. Bekombo will refund the Buyer or exchange products that appear to be defective or do not correspond to the order placed (REFUND POLICY).

Requests for refunds must be made by contacting Bekombo by e-mail only (c.f: contact tab on the Site). Please find below a sample retraction form:

First name and surname of the Buyer

Address

Postal code - City

Addressee: First name and surname of the seller

Address of recipient (seller)

Postal code - City

At ..., on ... (date of letter)

Dear Sir/Madam

On ... (indicate date on order form), I ordered ... (designation of item: e.g. DVD collection, armchair...) which you delivered (or which I received) on ... (date).

In accordance with Article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.

Consequently, I would ask you to return the sum of ... euros that I paid when I placed my order, as soon as possible and within 14 days of receipt of this letter at the latest, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

Please find enclosed (indicate the returned item) which I am returning to you.

Yours sincerely

Signature

Bekombo reminds you that the Buyer: - has a withdrawal period of (14) fourteen days from receipt of the Product - may choose between replacement or reimbursement of the Product, subject to the conditions set out in the aforementioned provisions.

The same rules apply to products on sale.

ARTICLE 12 - COMPLAINTS

Where applicable, the Buyer may make any claim by contacting the company by e-mail only (contact tab on the Site). If no amicable settlement can be reached, the Buyer may file a complaint directly with the courts. The Buyer may also resort to mediation, before or after filing a claim with a judge. A prior agreement between the Parties must be expressed by any means (postal mail, e-mail) in order to interrupt the two-month period of contentious recourse and to suspend the prescription periods.

ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, logos, slogans, products, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of Bekombo. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of Bekombo Products for any reason whatsoever is strictly prohibited.

ARTICLE 14 - FORCE MAJEURE

The performance of Bekombo's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent such performance. Bekombo will notify the Buyer of the occurrence of such an event as soon as possible.

ARTICLE 15 - NULLITY AND MODIFICATION OF THE CONTRACT

Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the Parties. Any contractual modification is only valid after a written and signed agreement between the parties.

ARTICLE 16 - RGPD AND PROTECTION OF PERSONAL DATA

In accordance with the European regulation on the protection of personal data, the Buyer has the right to question, access, modify, oppose and rectify any personal data concerning him/her. By accepting these General Terms and Conditions of Sale, the Buyer consents to the collection and use of this data by Bekombo for the performance of this contract.

ARTICLE 17 - APPLICABLE LAW

All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be governed by French and international law.