General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale apply to all sales concluded on the website. https://eclat-elegant.fr
The website https://eclat-elegant.fr is a service of:
The company BAR-Tra BV located at Molsesteenweg 11, 2490 Balen, BELGIUM website URL: https://eclat-elegant.fr e-mail: info@eclat-elegant.fr
The website https://eclat-elegant.fr markets the following products: fashion items, accessories, home products, gifts, and everyday objects for individuals.
The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
They are accessible on the Éclat Élégant website and will prevail, if applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online.
If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector where companies have their headquarters in Belgium.
Article 2 - Content
These general conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website Éclat Élégant.
Article 3 - Pre-contractual information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general sales conditions and all the information listed in article L. 221-5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the goods;
- the price of the goods and/or the method of calculating the price;
- if applicable, all additional transport, delivery, or postage costs and any other potential fees due;
- in the absence of immediate execution of the contract, the date or deadline by which the seller commits to deliver the goods, regardless of their price;
- the information relating to the identity of the seller, their postal, telephone, and electronic contact details, and their activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the product or goods ordered.
For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the buyer has been sent the confirmation of the acceptance of the order by the seller via email;
- and after the seller has received the full price.
Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably default of payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:
- enforceability of the amounts due under the order form;
- signature and express acceptance of all operations carried out.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation via email.
Article 7 - Proof of transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to change their prices at any time but commits to applying the current rates indicated at the time of the order, subject to availability on that date.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change could be reflected in the selling price of the products.
Article 10 - Payment method
This is an order with a payment obligation, which means that placing the order implies a payment from the buyer.
To settle their order, the buyer has the choice of all payment methods made available by the seller and listed on the seller's site. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen by them at the time of validating the order form. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following methods: Shop Pay, Google Pay, Apple Pay, Visa, Maestro, Mastercard, American Express.
Article 11 - Product Availability - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will, within the limits of available stock, be those indicated below. Shipping times start from the date of order registration indicated in the order confirmation email.
For deliveries in mainland France, the estimated delivery time is 8 to 17 working days from the date of shipment. This timeframe includes a processing time of 1 to 3 working days.
For deliveries to the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to execute it within a reasonable additional timeframe.
In the absence of execution by the expiration of this new deadline, the buyer may freely terminate the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or written notice informing them of this resolution, unless the professional has complied in the meantime.
The buyer may, however, immediately resolve the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.
In this case, when the contract is resolved, the seller is obliged to refund the buyer the total amounts paid, no later than 7 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 7 days at the latest from their payment, or an exchange of the product.
Article 12 - Delivery Terms
Delivery refers to the transfer to the consumer of physical possession or control of the good. The ordered products are delivered according to the terms and timeframe specified above.
Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the indicated place and time.
If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following the receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 30 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, manual...).
Article 13 - Delivery errors
The buyer must submit to the seller on the same day of delivery or at the latest the first working day following delivery, any claim for delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made beyond this deadline will be rejected.
The claim can be made, at the buyer's choice:
- by e-mail to the following address: info@eclat-elegant.fr
Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and releases the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.
Return shipping costs are the responsibility of the seller.
Article 14 - Product warranty
14-1 Legal warranty of conformity
The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in articles L. 217-3 and following of the Consumer Code.
In the event of implementation of the legal warranty of conformity, it is reminded that :
- the buyer benefits from a period of 2 years from the delivery of the property to take action;
- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by article L. 217-17 of the consumer code;
- the buyer does not have to provide proof of non-conformity of the property during the 24 months in the case of new goods (12 months in the case of used goods), following the delivery of the property.
14-2 Legal warranty for hidden defects
In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the sold property. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of a nature to render the property unfit for the use for which it is intended. This warranty must be implemented within a period of two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the civil code.
Commercial Warranty
The products sold are also covered by a commercial warranty aimed at ensuring their conformity and ensuring the refund of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.
Article 15 - Right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, manual...) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded.
Return shipping costs are the responsibility of the seller.
The refund will be made within 7 days, and at the latest, within 7 days from the receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the execution of their obligations under normal conditions are considered as causes for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonably possible efforts, shall be considered as force majeure. Specifically, the following are considered as force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of Belgian courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure lasts more than three months, these general conditions may be terminated by the aggrieved party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Article 18 - Data Protection and Freedoms
The personal data provided by the buyer is necessary for processing their order and for issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the Éclat Élégant website.
Article 19 - Partial invalidation
If one or more provisions of these general conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty in interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings shall be declared non-existent.
Article 22 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.
Article 23 - Mediation and dispute resolution
The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute. The names, contact details, and email address of the mediator are available on our site.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent extrajudicial resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These general conditions are subject to the application of Belgian law. The competent court is the judicial court of the registered office of BAR-Tra BV.
This applies to both substantive and formal rules. In case of a dispute or complaint, the buyer will primarily contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data collected on this site is as follows:
- account opening: when creating the user's account, their first name; last name; email address; phone number; postal address;
- connection: when the user connects to the website, it records, in particular, their first name, last name, connection data, usage data, location, and payment data;
- profile: the use of the services provided on the website allows for the completion of a profile, which may include an address and a phone number;
- payment: as part of the payment for products and services offered on the website, it records financial data related to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data regarding the user's communications is temporarily stored;
- cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.
Use of personal data
The personal data collected from users aims to provide the services of the website, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- managing the operation and optimization of the website;
- organizing the terms of use of payment services;
- verification, identification, and authentication of data transmitted by the user;
- implementing user assistance;
- personalizing services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware, and management of security incidents;
- managing any disputes with users;
- sending commercial and advertising information, based on the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user authorizes a third-party website to access their data;
- when the website uses the services of providers to provide user assistance, advertising, and payment services. These providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations;
- if required by law, the website may transmit data to respond to complaints made against it and comply with administrative and judicial procedures.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@eclat-elegant.fr
Any request must be accompanied by a photocopy of a valid identity document signed and must mention the address at which the seller can contact the requester. The response will be sent within a month following the receipt of the request. This period may be extended by two months if the complexity of the request and/or the number of requests requires it.
Furthermore, since law n°2016-1321 of October 7, 2016, individuals can organize the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr.
Users can also file a complaint with the CNIL. We recommend that you contact us first before filing a complaint, as we are fully available to resolve your issue.