Terms and Conditions
I. IDENTIFICATION OF THE SELLER
1.1. Exploitation
The bemaad.com site is published by BE MAAD, with capital of € 5,000, registered with the Trade and Companies of Paris under number 814 984 159, VAT number FR 74 814984159.
1.2. Editor
S.A.R.L Be Maad
5, rue Pierre Chausson
75010 Paris
1.3. Publication Director
Frédéric COHEN
1.4. Hosting Provii
Site hosting is provided by the company Online S.A.S, Hosting Provider with capital of €214 410,50, registered with the Trade and Companies of Paris under number RCS PARIS B 433 115 904, VAT number FR 35 433115904.
Online S.A.S
BP 438
75366 Paris CEDEX 08
II. PURPOSE
These General Terms and Conditions of Sale (hereafter the “General Terms and Conditions of Sale”) exclusively govern sales made on www.bemaad.com (hereafter the “Site”) for products offered by BE MAAD to general consumers (hereafter the “Clients”) and stipulate the conditions for ordering, payment, delivery and the management of returns, if any, of the products ordered by the Clients.
The General Terms and Conditions of Sale are placed at the disposal of the Clients on the www.bemaad.com website, where they can be consulted directly.
The General Terms and Conditions of Sale are applicable to the Client, who directly orders on www.bemaad.com.
BE MAAD reserves the right to modify these General Terms and Conditions of Sale at any time. In the event of the modification of these General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of validation of the order. It is therefore up to the Client to refer to these conditions when validating each order.
The nullity of a clause shall not result in the nullity of these General Terms and Conditions of Sale.
The temporary or permanent non application of one or more of the clauses of these General Terms and Conditions of Sale by BE MAAD shall not constitute any waiver on its party of the right to apply this clause/these clauses or the other clauses of the General Terms and Conditions of Sale, which shall continue in full force.
III. THE CUSTOMERS
To be a customer of the site, you must be a consumer of legal age and with full legal capacity.
Customers must, upon placing their first order on the Site, open a customer account and complete an order form containing certain mandatory fields in order for their product order to be processed by BE MAAD.
The information you give to BE MAAD when opening your customer account or upon any order you may place must be complete, accurate and up to date.
We may, if applicable, ask you to confirm – by any means – your identity and the information given.
IV. THE PRODUCTS
On www.bemaad.com, we offer for sale luxury and top-quality products.
BE MAAD does not sell second-hand products, flawed products or products of lower quality as compared to the corresponding standards offered on the market.
The products offered for sale are those featured on the Site. BE MAAD makes every effort to accurately present and describe the products, subject to technical constraints and in accordance with the highest standards on the market.
It is, however, possible that the Site may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the site, BE MAAD agrees to remedy such non-compliance: you may either exercise your right of cancellation, or else implement our warranty of merchantability.
If the products ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card OR Paypal account used to make payment.
V. ORDERING PRODUCTS
1. The steps
The acceptance of orders placed on the Site is subject to compliance with the procedure set up by BE MAAD. This takes the form of a series of succeeding screen pages indicating the steps to be taken by Clients to validate their order. You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance.
2. Verification of the order
We are also entitled to refuse any order made by a Client with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general terms of sale.
In such cases, we will inform the Client by phone or by e-mail. Unless the Client contacts us to correct the error or the non-compliance with these general terms of sale, BE MAAD reserves the right not to process the order.
In the framework of our validation procedure of a customer account, please note that BE MAAD can ask a Client to produce a photocopy of his/her identity card or passport. On waiting receipt of the required document the order is considered as "in validation". BE MAAD asks their Clients to provide the document within 10 days of the initial demand in order to guarantee rapid order processing.
3. Procedure
Placing an order online is easy. Using our search options, you can find whatever you are looking for. Click on the images to be taken to the category pages, then product pages in order to look at each product in detail.
Articles can be added to your basket after you have selected the size and quantity of the items.
Make sure you check the size, color and quantity of products that you place in your basket. You can then choose to place your order or to continue shopping.
In order to finish the buying contract of one or multiple products on the Site, you must fill in the order form which is provided on the site by following the relative instructions.
The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for the return of purchased products.
An order shall be deemed to have been submitted upon the electronic receipt of your order form by BE MAAD.
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale.
The order form will be filed in our data base for the period of time required in order to process your order, and as provided by law. You may access your order form, free of charge and at any time, by clicking on the section called Order Status.
Before submitting the order form, you will be asked to identify and correct possible in-put errors.
The submission of orders to BE MAAD must be carried out in French or English.
After your order form has been submitted, BE MAAD will process your order.
BE MAAD may not process purchases that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or orders for products that are no longer available.
In the above cases, we shall inform you by e-mail that the contract has not been executed and that BE MAAD has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.bemaad.com are no longer available at the time of your last access and once BE MAAD has received your order form, BE MAAD shall inform you within thirty (30) working days of receipt of your order of the unavailability of the ordered products. If the order form has been sent and the price has been paid for items that are no longer available, BE MAAD will refund you the sum paid.
By submitting an order form and contracting with BE MAAD, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on BE MAAD. Instead contact our Customer Service department at [email protected].
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as the further conditions contained on BEMAAD.COM, also through links, including the General Terms and Conditions of Use and the Privacy Policy.
Upon submission of an order form, BE MAAD shall send you, via e-mail, a receipt of the purchase order, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, a detailed indication of the price, terms of payment, return right and shipping costs).
4. Modifying or cancelling an order
The modification or cancellation of an order is not possible if the order is already transmitted to our logistic department. The Client can contact the customer service by e-mail at the following address [email protected] to check the status of his/her order.
In case of a major dysfunction of the Site regarding orders, transactions, or availability of products, BE MAAD reserves the right to cancel orders. Clients will be informed by email or by phone.
5. Gift card
You need to credit the gift card of a minimum amount of 50€. The beneficiary is not obliged to use the card all at once, he/she can divide the value for several purchases. To do this, he/she will have to contact the customer service to ask for a new code to benefit from the available credit. This credit will be valid for 12 months from the date of purchase.
No credit note will be granted for gift cards. The beneficiary can make an order of an higher value, with an additional amount. You can enter your personal message in the “Message” section of the gift card.
The gift card is valid for 12 months from the date of purchase. This card cannot be exchanged or refunded. It cannot be replaced or refunded if the code is lost or the validity limit is expired.
VI. PRICE AND TERMS OF PAYMENT
The prices displayed on the Site are in Euros (France and members of the European Union) or in US Dollars (any other country) and are displayed depending on the IP address of the client. Prices are VAT included, shipping excluded.
The prices invoiced to Clients are those applicable on the date of the order.
These prices are quoted DDP (“Delivery Duty Paid”). BE MAAD will pay to the shipping company the total amount corresponding to the duty taxes applicable in the country of importation.
Payment of the total price of the products and shipping costs may be made by credit card or Paypal.
Regarding the payment by credit card via Stripe's platform, the Client must be the owner of the credit card used for payment.
A transaction using Verified by Visa or SecureCode will redirect cardholders to the website of their card-issuing bank. The cardholder may then be requested by their bank to enter a password to be authenticated.
This security system is free of charge.
If, for whatsoever reason (opposition, refusal by the issuing center, etc.), it is not possible to debit the amounts owed by you, your order will not be registered by BE MAAD.
Payment in 3 installments at no charge is also available via the Alma platform for orders over €100 made in France only. The client undertakes to ensure the provision of the sums committed for each monthly payment.
VII. DELIVERY
To ensure lead times can be met, Clients should check that they have provided complete and accurate information concerning the delivery address (such as inter alia, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
One Shipping method is available: Tracked Letter (French Post service).
1. Lead times
Lead times may vary depending on the shipping method - about 3 to 5 working days after expedition.
Any change in address made by the Client may lead to an extension of the lead time.
BE MAAD and shipping companies being distinct and independent business entities, BE MAAD cannot be held responsible for any delivery delay attributable to the Post service.
2. Delivery delays
If the Products are not delivered by the delivery date indicated to the Client for a reason that is not due to the Client, but is due to an unforeseeable or insurmountable third party event or a force majeure event, the Client may request the termination of the sale by registered letter with acknowledgement of receipt or in writing in another durable form. For this, he must order BE MAAD, by registered letter with acknowledgement of receipt, to complete the delivery of the Product(s) within an additional reasonable timeframe. If BE MAAD has not delivered within this timeframe, the Client may send a registered letter with acknowledgement of receipt terminating the order.
The contract will be considered to be terminated upon receipt by BE MAAD of the letter or written notice informing it of this termination, unless BE MAAD has delivered the order in the meantime.
If the delivery time constitutes an essential condition of the contact for the Client, the contract will be considered to have been terminated upon receipt by BE MAAD of the letter or written notice informing it of this termination.
VIII. CANCELLATIONS AND RETURN POLICY
Clients have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of fifteen (15) working days from receipt of the products ordered.
To simplify the exercise of this right of cancellation, BE MAAD asks customers to notify it by any means, Clients should specify whether they wish a refund or a credit.
Customers also have the possibility of contacting our customer service department by e-mail: [email protected] for any additional information.
This right to withdraw can only be used for products that have not been used in any way or altered by the Client.
The products must be returned in perfect condition, in their original packaging together with the return slip and the delivery slip. No attempt must have been made to use the products.
When the Client exercises his right to withdraw, he undertakes to return the Product within fourteen days following notice that he intends to exercise his right to withdraw. The costs of returning the product shall be borne entirely by the Client.
BE MAAD undertakes to reimburse the Client for all amounts paid, excluding the initial delivery costs (unless the item was defective when the Client received it). Products in sale are not eligible for reimbursement.
Potential duty taxes due to the return of a product are also at the Client charge.
BE MAAD asks its Clients to return the item by mail with a tracking number. Clients are free to choose any shipping company, at their own risk.
The right to withdraw - besides compliance with the terms and procedures described above - shall be deemed correctly exercised once the following conditions have been fully met:
You must send us an e-mail to [email protected]
The products must not have been used, worn, washed nor damaged
The label attached to earrings must not be removed, otherwise the refund can not be made.
The products must be returned in their original packaging. If you wish to return a kit or set, it must contain all the original components.
The returned products must be sent to BE MAAD in a single delivery. BE MAAD reserves the right not to accept products belonging to a single order returned and delivered at different times.
BE MAAD shall refund the sums already paid for the purchase of the products and the shipping costs for the delivery of the purchased products to you only if the products are returned for reasons that may be due to BE MAAD, as in the case where the products do not have the promised essential characteristics, have manufacturing defects or that they have been erroneously delivered.
In the event that your return does not comply with the terms and conditions set out in paragraph 5 of these General Terms and Conditions of Sale, you will not be entitled to any refund of the sums already paid to BE MAAD nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to BE MAAD. If you do not wish to receive the products in the conditions in which they were sent back to BE MAAD, BE MAAD shall be entitled to keep the products and withhold the sums already received.
Concerning the customized products returns: the article L121-20-2 of the consumer code states that the right to retract cannot be practiced for contracts of confectioned supplies according to the specifications of the consumer or strictly personalized.
Nevertheless, we will reimburse or exchange personalized products that do not correspond to your order (non conform or defective).
The reimbursement will be done within fourteen (14) days after receipt of the products by BE MAAD.
IX. REIMBURSEMENT TERMS
The refund will be made in the same way that the product was originally purchased (Credit card Or Paypal).
The refund procedure shall be started by BE MAAD within thirty (30) days starting when BE MAAD receives the goods, after checking that the return right has been correctly exercised and that the returned products are accepted.
If the recipient of the products, as placed in the order form, is different from the individual who made the payment for such products, the sums paid shall be refunded by BE MAAD to the individual who made the payment.
X. STATUTORY WARRANTIES
Regardless of any specific warranty terms extended to customers with the product delivered, all BE MAAD products sold on the Site are subject to the following statutory warranties:
Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.”
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model; have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code: “Legal action based on non-compliance is time-barred two years after the delivery of the product.”
Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extra contractual nature to which the purchaser is entitled under the law.”
Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”.
Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.”
XI. INTELLECTUAL PROPERTY
The Website remains the exclusive property of the company BE MAAD. This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trademarks, database rights and other intellectual property rights. Any attempt to access the Website source code and protocols or any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited.
Any copying, reproduction or fraudulent use through any means is considered as counterfeiting and the counterfeiters civil and/or criminal liability may be held. BE MAAD reserves the right to claim for compensation for the recognized prejudice.
You hereby acknowledge that BE MAAD Website and its content are protected copyright, trademarks, patents rights, database rights and other lawful intellectual property rights.
XII. DATA PROTECTION
The Client is informed that the data that he provides on the Site is subject to various automated personal data processing operations.
In application of French law n°78-17 of January 1978 relating to data processing, files and freedom, we recall that personal data collected from the Client is necessary for the processing of the order. This data may also be used for prospection purposes. The specific purpose of each data processing operation is described with respect to the processing concerned.
These data are destined for internal use by BE MAAD. These data are kept for three years, in case of inactivity on the Site during this period of time.
The Client has the right to access, modify and oppose the processing of the data concerning him by contacting customer services by e-mail at the following address: [email protected]
XIII. LIABILITY
BE MAAD cannot be held liable in the case of failure to perform or incorrect performance of the agreement due to the Client or due to an unforeseeable and insurmountable factor in connection with a third party to the agreement or in the event of force majeure.
XIV. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Sales ordered from BE MAAD via www.bemaad.com shall be governed by French law.
All disputes to which this contract may give rise concerning its validity, interpretation, performance, its consequences or subsequent related agreements, shall be brought before the competent courts in accordance with the ordinary law rules of jurisdiction.
