TERMS AND CONDITIONS OF SALE
Art. 1. Purpose
Art. 2. Products - Prices
Art. 3. Registration and validation of the order
Art. 4. Delivery
Art. 5. Right of withdrawal
Art. 6. Payment
Art. 7. Sponsorship
Art. 8. Data protection
Art. 9. Guarantees
Art. 10. Signature and evidence
Art. 11. Responsibility
Art. 12. Intellectual Property
Art. 13. Invalidity
Art. 14. Entire Agreement
Art. 15. Duration
Art. 16. Major force
Art. 17. Governing Law and Jurisdiction
Preamble
These conditions are made between the party of the first part, the company BETROUSSE UK LTD, located 9 QUEEN'S YARD WHITE POST LANE LONDON ENGLAND E9 5EN Company No. 08025730,, hereinafter referred to as "Betrousse" and, the party of the second part, those wishing to make a purchase via the website Betrousse http://www.betrousse.co.uk ("the Site"), e-commerce site, hereinafter "User".
For the purposes hereof, it is agreed that the User and Betrousse will be collectively called the "Parties" and individually "Party", and that the User who has confirmed an order will be referred to as "Buyer". The rights and obligations of the user necessarily apply to the Buyer.
Users wishing to purchase on the Site, claim to have full legal capacity.
Any order for a product offered on the site requires consultation and express acceptance of these terms of sale, in spite of the absence of a handwritten signature on the part of the user indicating this acceptance. As required by law, it is recalled that the validation of the order as specified in section 3 below, is an electronic signature which has the same value, between the Parties, handwritten signature and is proof of the entire content of the order and of the payment due in the performance of that order.
Art. 1. Purpose
These general conditions of sale are intended to define exclusively, as a result of the relationships they establish on the Internet, the rights and obligations of the Parties arising from the online sale of products offered on the Site. They regulate all the steps involved in placing the order and following up on this order between the Contracting Parties.
The Parties agree that their relationship will be governed exclusively by this contract and special conditions of delivery and return submitted under the tab "Terms of delivery and return." If a condition is found to be lacking, it will be governed by the procedures in force in the field of distance selling companies with headquarters in France.
Art. 2. Products - Price
2.1. Products
The products offered for sale by Betrousse are those listed on the Site ("Products"), on the day of consultation of the Site by the User and subject to availability. If a certain product is not available, Betrousse agrees to promptly notify the User.
In case of unavailability beyond 30 days of product order and payment, the buyer will be notified by email. The order of this product will be cancelled and a refund issued, while the rest of the order remains firm and final.
The photographs and texts illustrating the products are not contractual.
2.2. Price
Prices are shown in Euros. They take into account possible reductions as well as the VAT applicable on the date of the order.
Prices shown are guaranteed, subject to availability unless significant changes take place in the charges, including VAT, or unless typographical errors or omissions are involved. Prices indicated do not include the extra cost of postage and packing which will be reported specified to the User during the final order confirmation.
As stated, any promotions in the form of vouchers are only valid for one order per household during the stated period of validity.
Betrousse reserves the right to change prices at any time but the products will be billed based on the rates in effect at the time of registration of the order, subject however to the availability of such products.
Products remain the property of Betrousse until full payment of the price is made.
Art. 3. Registration and validation of the order
3.1. Navigation within the Site
The user cmay see the various products offered for sale on the Betrousse Site.
Users may freely browse the various pages of the Site, without being committed to an order.
3.2. Registration of an order
The user places the order on the Internet Site. To be accepted, the order must include all the relevant information needed processing.
Any order implies acceptance of the general terms and conditions, prices and descriptions of products available for sale.
The User wishing to order, will choose the different products of interest, and express that interest by clicking on the box "Add to Basket."
At any time the User may:
- Obtain a summary of Products selected by clicking on "My Cart"
- Continue choosing products by clicking on "Continue shopping
- Complete selection of products and order these products by clicking on "Payment".
To order the products selected, after clicking "Payment", the User must identify or her himself, either by entering an email address and password, after having already placed an order with Betrousse, or if not by completing the relevant form. In the latter case, the User must accurately complete the form provided, includeing the information necessary for identification and in particular his or her name, mailing address and e-mail.
The User agrees and understands that the entry of these two identifiers (e-mail address and password) is proof of his or her identity and consent.
Once identified, the user confirm the delivery address (as specified in section 4 below) and an order form will appear, summarizing: the nature, quantity and price of products selected by the user, as well as the total amount of the order, the user’s contact information, and the product delivery address.
For inquiries related to an order, please contact customer service at 0203 445 5035 from 10am to 12pm Monday to Friday.
3.3. Final confirmation of the order
After reviewing the status of the order, and having provided all the requested information, the user shall click "OK" to confirm the order. The user shall then send his or her credit card number, according to its type, its expiration date, and the security code (3 digit number on the back of the card).
It must be understood that the user shall make an immediate payment by credit card, the only payment method offered by Betrousse on its website, as provided in section 6 below; the user shall pay via the Betrousse website using the PayPal system. The Betrousse site is protected by SSL encryption (Secure Socket Layer) to protect as effectively as possible all data related to payment. The user’s bank details are retransmitted to the bank, which is itself protected by SSL encryption. The User’s bank data will not appear on the Betrousse computer system at any time. Betrousse, therefore, is released from any liability in this regard.
As soon payment has been validated, the order is recorded and becomes irrevocable. The User has now become the Buyer. The order will be recorded on the Betrousse computer records, which are safely and durably stored, and will be considered as evidence of the contractual relationship between the Parties.
Pursuant to Article 5 below, the Buyer has a right of reimbursement for a period of eight (8) days from the date the Buyer receives the products.
3.4. Order confirmation
When the Buyer has approved payment (with the provision of the card number and expiration date), a summary of the order will be sent by e-mail upon receipt of the order to the e-mail address indicated at the time of order. This confirmation will include all elements of the contract between the Parties.
Art. 4. Delivery
Products are shipped to the delivery address specified by the Buyer on completing the necessary information during the order.
Delivery times are from seven to ten working days.
Delivery times given are indicative time periods counted from the day following the Purchaser’s approval of the order and corresponding to the time of preparation and delivery of the Products. In no way can the shipping time be enforced, but in case of unusual delay, an email will be sent.
Betrousse declines all liability for very late delivery due to postal services or transport, as well as in case of loss of the Products ordered or strike. Shipping risks are borne by the Purchaser, who should address a complaint to the postal services or with the carrier within three working days of delivery.
That said, despite all the care taken by Betrousse in preparing the packages, it is possible that a certain product may be missing. Similarly, after transport of the package, one of the products may prove to be defective.
Therefore, upon receipt of the order, the Purchaser must check that the products received are consistent with the order. Any anomaly concerning the delivery (product missing or broken, or damaged package) must be reported to Betrousse customer service by mail addressed to Betrousse - Service Customer – contact@betrousse.co.uk, on the day of receipt or no later than the first business day after receipt. Any complaint made after this time shall be rejected and Betrousse will be released from all liability. Betrousse reserves the right, if it so desires, to require the Buyer to return the defective Product.
If the above conditions are met, Betrousse will then either exchange or refund the defective product (s), or re-ship the missing product (subject to the merits of the buyer’s request).
Art. 5. Right of withdrawal
If the product(s) ordered are not satisfactory, the Purchaser shall have a period of eight (8) days to return them, at his or her own expense. This period starts from the date of receipt of the order. The Product(s) must be returned in its (their) packaging and its (their) original wrapping to the following address: Company BETROUSSE UK LTD 9 QUEEN'S YARD WHITE POST LANE LONDON ENGLAND E9 5EN Company No. 08025730
If the above conditions are met, Betrousse shall reimburse to the Purchaser, within thirty (30) days of the date of receipt of the package by Betrousse (the date of receipt by Betrousse is considered notification of the Purchaser’s exercise of the right of withdrawal), the sums paid, with the exception of costs of shipping and the return of products to Betrousse, which remain the responsibility of the Buyer.
Art. 6. Payment
The amount payable by the Purchaser is indicated on the order confirmation sent by e-mail by Betrousse to the Purchaser.
Payment shall be made immediately on the Internet by credit card (Visa, Eurocard / Mastercard), unless the server is unavailable.
In all events, Betrousse reserves the right to refuse any order or delivery in case of dispute with the Buyer, failure to pay all or part of a previous order by the Purchaser, refusal to authorize credit card payment by the banking institutions, non-payment or partial payment. In all these cases, Betrousse shall not bear any liability whatsoever.
Art. 7. Sponsorship
7.1. Sponsorship Program
7.1.1. You can sponsor your family in two ways:
Visit the betrousse.co.uk site under "My Account" and click "Refer your friends." Enter the email addresses of your friends in the boxes provided for this purpose. Just click on "OK.” Thanks to you, every one of your friends will receive an email offering the possibility to register with betrousse.co.uk. Note that in no event will the sending of an email in this way automatically enter your friend on our site. Each party must validate his or her own registration. This step is necessary to become a member of betrousse.co.uk.
7.1.2. The benefits of sponsorship
Our sponsorship system provides coupons worth 4£ in the first purchase only (for the benefit of the sponsor), for each of your referrals on our site. This coupon is credited to your account within six weeks. These credits are valid for one year, counting from the date you obtained them.
These credits are used automatically in the price of the next item purchased. They may not be used differently. No cash payment shall be made.
Access to services is by advance sponsoring by a Member. Sponsorship by a Member is limited to a small circle (family or friends) of persons well known to the sponsoring Member. Consequently, the massive recruitment of referrals outside this framework, for direct or indirect gain, or even free of charge, and by any means, such as through a website, a blog, ads on the Internet, or magazines or forums, or by using the name of the Website’s partner or by reproducing a part of the Website catalog is strictly prohibited.
If it comes to Betrousse's attention that serious irregularities have been committed by a Member in the use of the sponsorship system, all appropriate measures may be taken to stop such irregularities, including the exclusion of the Member.
Art. 8. Data protection
8.1. Personal information
The personal information collected in connection with distance selling is obligatory, being necessary for the processing and delivery of orders and for preparing invoices. This information is strictly confidential. Orders lacking information shall be automatically rejected.
The User has a right to access, modify, rectify and delete data. To exercise this right, the User must send a letter to Betrousse customer service (address noted above). In any event, the User shall quote his or her name, address and, where applicable, buyer number.
Finally, Betrousse may need to disclose personal information to its trading partners. The User will be able to receive offers from third parties. As such, it must be kept in mind that except by explicit notification of refusal by the User, his or her postal address may be shared with Betrousse trading partners. However, the e-mail address may be communicated to such partners only with the User’s express consent. Of course, the User retains the right to refuse such communication, either by not giving consent during registration and / or validation of the order, or by indicating subsequent refusal by mail in accordance with the above paragraph.
8.2. Cookies
The only cookie that is created by Betrousse is that of the session that will be cleared when disconnecting from the site.
8.3. Web beacons
Certain web pages of the Site may contain electronic images or "web beacons" that makes it possible to count the number of visitors to the page.
These web beacons may be used with some of our partners, in particular to assess and improve the effectiveness of certain advertising.
In any case, the information obtained via these tags is strictly anonymous and merely enables gathering traffic statistics on certain pages of the Site, in order to better serve our users.
Art. 9. Guarantees
All items are subject to a contractual guarantee, which does not obstruct the legal guarantee provided by sections 1641 and pursuant to the civil code.
Art. 10. Signature and evidence
Any site user who does not possess a customer number must follow a registration procedure to obtain a customer number. This number is personal. If lost or forgotten, this should be quickly reported to Betrousse customer service by filling out the contact form from the Site.
In any case, the provision of online credit card number and the final validation of the order shall constitute proof of the completeness of said order pursuant to the provisions of the Act of March 13, 2000, triggering collectability of the sums agreed upon when entering the items on the order form.
This validation is the equivalent of a signature and expresses acceptance of all transactions performed on the Site.
The records stored in the computer systems of the Betrousse company and its partners, in reasonable safety conditions, shall be considered proof of communications, orders and payments between the parties.
Art. 11. Responsibility
For all stages of access to the Site, the ordering process, delivery or subsequent services, Betrousse has an obligation of means only. Betrousse cannot be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses or any other incident of Major force , in accordance with jurisprudence.
Art. 12. Intellectual Property
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of Betrousse. A user wishing to place a direct link on his or her personal website to the homepage of the Site for personal use must request permission from Betrousse.
However, any hypertext link to the Site, using the technique of framing or in-line linking is strictly prohibited.
In any case, any link, even tacitly authorized, must be removed at the request of Betrousse.
Hypertext links can refer to other sites than the Site. Betrousse disclaims any liability if the content of these sites contravene the laws and regulations.
Art. 13. Partial invalidity
In the event that any provision of this contract becomes null and void by a change in legislation, regulation or court decision, this shall not in any way affect the validity and enforcement of these terms of sale.
Art. 14. Entire agreement
These general conditions of sale and the order summary sent to the Buyer form a contract and constitute the entirety of the contractual relationship between the Parties.
In case of conflict between these documents, the terms and conditions of sale shall prevail.
AArt. 15. Duration
These conditions apply for the full duration of the on-line products offered by Betrousse.
Art. 16. Major force
Betrousse shall not be liable for failure to perform all or part of its obligations under this contract if such non-performance is caused by an event of Major force , particularly in cases of disruption or total or partial strike of postal services and means of transport and/ or communications, flood, or fire.
Events shall be considered as Major force that meet the criteria determined by the decisions of the court of cassation.
In the presence of an event of Major force , Betrousse shall notify the User / Buyer within five (5) business days of the occurrence or threat of the event.
The Parties agree that they will consult each other promptly to determine all the modalities of execution of the order over the duration of the event of Major force .
Beyond a period of one (1) month of interruption due to Major force , Betrousse shall have the right not satisfy the order, in which case it shall reimburse the Buyer.
Art. 17. Governing Law and Jurisdiction
These conditions are subject to English law.
The attribution of jurisdiction in any dispute, in case the parties fail to reach amicable agreement, is given to the competent courts , notwithstanding multiple defendants and / or third party appeal, even for urgent or preventive measures, by application for summary proceedings or by petition.
