General Terms and Conditions
General Conditions of Sale
Definitions
These General Conditions of Sale (hereinafter the “GCS”) are offered by the Individual Company VALERO Méline having its registered office located at
1 B impasse des Coudriers registered in the Pau trade and companies register under number 948120530 (hereinafter the “Seller”).
The following terms and expressions have the following definitions for the purposes hereof:
♣ Customer or Customers: any person purchasing Products on the Site who has the status of Consumer or non-professional buyer;
♣ Consumer: a natural person who acts for purposes which do not fall within the scope of his professional activity;
♣ Site: online sales website used by the Seller for the marketing of its Products and available at the following URL address: www.bealiyah.com;
♣ Product or Products: movable goods offered for sale on the Site by the Seller.
Article 1 – Application and enforceability of the T&Cs
These General Terms and Conditions apply, without restriction or reservation, to all sales of Products concluded by the Seller with Customers who are Consumers or non-professional buyers on the Site.
The General Terms and Conditions are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union.
The General Terms and Conditions are made available to Customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by telephone, email or post.
The fact that a Customer places an order on the Site implies full acceptance and adherence to these General Terms and Conditions and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
These T&Cs may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.
Article 2 – Creation of a customer account
To place an order on the Site, the Customer must first create a customer account on the Site free of charge.
When creating their account, the Customer undertakes to provide accurate and truthful information about their situation, as well as to regularly check the data concerning them before each new order, and to make any necessary changes, if necessary.
Creating a customer account requires the Customer to choose a username and a confidential password. This information is personal, confidential, and non-transferable.
The Seller reserves the right, at its discretion, to refuse or invalidate the registration of a Customer whose information proves to be inaccurate.
The Seller cannot, in any event, be held responsible for fraudulent or abnormal use of the Customer's identification details.
The rules applicable to the collection of the Customer's personal data and the latter's rights are detailed in the Seller's privacy policy available at the following address: https://bealiyah.com/pages/politique-de-confidentialite
Article 3 – Order and purchase
It is up to the Customer to select the Products he wishes to order on the Site, then to validate the order, to finally confirm it and proceed to payment.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the Site, within the limits of available stocks.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email and after the Seller has received payment in full.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. This validation implies acceptance of all of these General Terms and Conditions and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Article 4 – Prices and payment terms
The Products are supplied at the current prices appearing on the Site when the order is registered by the Seller. Prices are expressed in Euros, excluding tax (ET) and including all taxes (TTC).
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and not subject to revision during their period of validity, as indicated on the Site, the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- By bank cards: Visa, MasterCard, American Express, other credit cards;
- By Paypal.
Payment data is exchanged in encrypted mode.
Article 5 – Transfer of ownership and transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
Article 6 – Delivery
The Customer chooses one of the Delivery methods offered on the Site when placing the order.
The Customer chooses a delivery address. The Customer is solely responsible for any delivery failure due to a lack of information when ordering.
The amount of delivery costs depends on the amount of the order and the delivery method chosen by the Customer. In any case, the amount of delivery costs is indicated to the Customer before the order is confirmed.
Delivery times are available on the Site and may vary depending on the availability of the Products ordered.
Delivery times are in working days and correspond to the average preparation and delivery times of the order.
Delivery times run from the date of confirmation of the order by the Seller.
In the event of a delay in delivery, the order is not cancelled.
The Seller will inform the Customer by email that delivery will be delayed. The Customer may then decide to cancel the order and will send the Seller an order cancellation notice by email.
If the order has not yet been shipped when the Seller receives the Customer's cancellation notice, delivery is blocked and the Customer is reimbursed for any amounts debited within fourteen days of receiving the cancellation notice. If the order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the order by refusing the package. The Seller will then reimburse the amounts debited and the return costs paid by the Customer within fourteen days of receiving the return of the refused package, complete and in its original condition.
The Customer can track the progress of the order processing in their customer area. The Customer is required to check the condition of the packaging as well as the Products upon delivery.
It is up to the Customer to issue any reservations and complaints he deems necessary, or even to refuse the package, when the package is clearly damaged upon delivery.
The Customer must ensure that the Products delivered to him correspond to the order. In the event of non-conformity of the Products in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the Seller by email and return the Products to the following address: 463 B avenue de la république 64170 Artix .
Article 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available in Appendix I of these General Terms and Conditions, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous declaration expressing the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The exchange, subject to availability, or the refund will be made within fourteen days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- The legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order;
- The legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
under the conditions and according to the terms referred to in the box below and defined in Appendix II hereto.
It is recalled that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two years from the delivery of the goods to take action against the Seller; he can choose between the repair or the replacement of the Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code; he is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for used goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 10 days from delivery of the Products or the existence of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account.
Article 9 – Liability
The Seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the actions of the Customer, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check;
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
Article 10 – Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may make it conditional on financial compensation.
Article 11 – Independence of clauses
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.
The temporary or permanent non-application of one or more clauses of the T&Cs by the professional seller cannot constitute a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.
Article 12 – Applicable law
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
Article 13 – Customer Service / Mediation
In the event of a dispute, you should contact the company's customer service department first, Monday to Friday except on public holidays or days off, by email at the following address: contact@bealiyah.com.
If the complaint request to the consumer service fails or if there is no response from this service within two months, the consumer may submit the dispute relating to the order form or these General Terms and Conditions between the Seller and a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Seller reports to the following mediator:
MCP Mediation - 12 Square Desnouettes, Paris 75015
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ANNEX I - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website www.bealiyah.com, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.
To the attention of the Individual Enterprise VALERO Méline with its registered office located at 1 B impasse des Coudriers, registered in the Pau trade and companies register under SIREN number 948120530.
I hereby notify you of my withdrawal from the contract for the sale of the property designated below:
- Order from: ................................................................................
- Received on: .....................................................................................
- Order number: ...........................................................
- Client Name: ............................................................................
- Customer Address: .......................................................................
Client's signature (only if this form is notified on paper):
ANNEX II - Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code:
" The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. "
Article L. 217-5 of the Consumer Code:
“ The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
Article L. 217-12 of the Consumer Code:
" The action resulting from the lack of conformity is prescribed by two years from the
delivery of the good .
Article L. 217-16 of the Consumer Code:
" When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention. "
Article 1641 of the Civil Code:
" The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. "
Article 1648 paragraph 1 of the Civil Code:
“ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. ”