Beverly Smart: Online Store
Standard Terms and Conditions
Trading Address: Beverly Smart, 4 Place de la Halle, 11220 Lagrasse, France.
Telephone: +33 4 6843 1240
email: bsmart@beverlysmart.com
Business registration number: 387868607
1. Scope
These Terms and Conditions apply to all items for sale and sold by Beverly Smart in Beverly Smart’s Online Store (“Online Store”).
2. Offers, Conclusion of Contracts
Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive electronic confirmation of his order and this will give rise to a contract of sale.
If a product ordered is not available, Beverly Smart may withdraw from the contract. In such a case Beverly Smart will inform the customer immediately and if applicable reimburse any monies paid without delay.
During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.
Customers may conclude contracts of sale in English or French.
3. Prices
The prices quoted on the website do not include VAT. Beverly Smart is not registered for VAT and therefore the prices are exempt of VAT (Article 293b of the CGI).
Payment is due in full immediately. We accept payment by Visa, MasterCard and PayPal.
4. Transport costs
Shipping and handling costs are stated on the Online Store’s payment summary page and vary according to the article(s) ordered.
5. Terms of payment
Payment may be made by credit card. The credit card will be charged when the order is placed.
6. Cancellation
6.1 Notice of Cancellation: The customer may cancel a contract of sale without cause at any time (see 6.2 Returns) up until seven days following receipt of the good(s), by emailing a written notice of cancellation to Beverly Smart bsmart@beverlysmart.com.
6.2 Returns: In the event of a valid cancellation, both parties must return all good(s) and payments received. If it is not possible for the good(s) to be returned whole and/or in their original condition, the customer must reimburse Beverly Smart for any loss of value of the good(s). This does not apply if the poor condition of the good(s) would have been discovered by the customer had the customer been able to carry out an inspection of the good(s) before buying, for example, as in a physical store. The customer may also avoid any obligation to compensate for loss of value by refraining from using the good(s) and avoiding any activity which would reduce the value of the good(s). The good(s) should be shipped by regular mail with a tracking number. The customer must bear the cost of returning the good(s) if the good(s) received are as ordered. Otherwise, the customer may return products without incurring any costs. The customer will be reimbursed by Beverly Smart within 30 days following the dispatch of his notice of cancellation.
6.3 Processing: To ensure that processing of the cancellation is carried out as quickly as possible, customers are asked to e-mail Beverly Smart (bsmart@beverlysmart.com). Good(s) should be returned in their entire original packaging, or at least packed appropriately for transport. Customers should advise Beverly Smart of despatch date and tracking number of the return of the good(s) to Beverly Smart, and to keep the proof of despatch safe.
- End of cancellation information -
7. Liability for defects
Beverly Smart’s liability for defects is as provided by law.
8. Delivery times
Delivery times will be confirmed upon receipt of order and payment. If these delivery times are delayed by more than 7 days, Beverly Smart will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.
9. Reservation of title
All goods supplied by Beverly Smart will remain Beverly Smart’s property until full payment has been made and all claims arising out of the contractual relationship settled.
10. Data protection
The customer data collected in connection with the contract will be used by Beverly Smart in accordance with article 34 of the French Data Protection Act of 6 January 1978 relating to the storage of computerised data. The customer has right of access to the information collected and the right to correct or delete it if it is incorrect
The exchange of customer data over the Internet is encrypted. This is accomplished by using the Secure Socket Layer (SSL) protocol.
Beverly Smart will use customers' e-mail addresses only to supply information relating to orders and for customer relationship maintenance purposes. The customer is entitled to object to the latter. Beverly Smart will not share any personal customer data with third parties other than with service partners who require the data in order to process orders. Beverly Smart will save the customer's order data and provide this information to the customer by e-mail. To enable the customer to place orders in the Online Store, a so-called "cookie" will be created when particular Web pages are visited. These are small files. The customer may use his browser program to control the acceptance of cookies from the Web page and, if appropriate, block this. Such cookies serve exclusively to enable the use of specific applications, e.g. the Online Store shopping basket system; no personal data whatsoever is stored.
In the event of questions regarding the collection, processing or use of your personal data and for information, the amendment, blocking or deletion of data and the revocation of consents granted, customers should contact Beverly Smart Customer Service, 4 Place de la Halle, 11220 Lagrasse, France. E-mail: bsmart@beverlysmart.com.
11. Concluding terms
Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.
French law applies exclusively, with the provisions of UN law on the international sale of goods being excluded.
These Standard Terms and Conditions apply from 01 January 2009. |
