General Conditions Of Sales
These general conditions of sale (called the "GCS") apply to any purchase made by a physical person (called the "CUSTOMER") on the website https://www.baidavie.com (called the "SITE" ).
ARTICLE 1. DEFINITIONS
"SELLER": the legal manager of the SITE. Referred to as BAÏDAVIE.
P.O. Box 59952. ABU DHABI
Email: [email protected]
"CUSTOMER": A natural person aged at least 18 and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
"USER": Any user browsing the SITE. The rights and obligations of a CUSTOMER necessarily apply to any USER who has confirmed an order.
"PARTIES": For the purposes of this agreement, it is agreed that the User and BAÏDAVIE will be collectively referred to as the "Parties" and individually referred to as the "Party".
"PRODUCTS": The SITE allows BAÏDAVIE to offer for sale, cosmetic products available on the SITE.
" GCS": means the standard terms and conditions of sale set out herein. The GCS may be amended, varied or modified and unless the context otherwise requires includes all the special conditions agreed in writing between the CUSTOMER and the SELLER.
"WORKING HOUR": means office working hours from 8:00 am to 6:00 pm (normal time in Golf Country), with the exception of the weekend (Friday and Saturday).
ARTICLE 2. PURPOSE
These GCS govern the sale by the SELLER to its CUSTOMERS of PRODUCTS.
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at private and professional consumers.
ARTICLE 3. ACCEPTANCE OF THE GCS
The CUSTOMER agrees to read these GCS carefully and accept them, before paying for an order for PRODUCTS placed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the GCS and to keep a copy.
The SELLER advises the CUSTOMER to read the GCS for each new order, the latest version of these Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the GCS without limitation or condition.
ARTICLE 4. PRODUCTS
The Products proposed for sale by BAÏDAVIE are those which appear on the Site, on the day of consultation of the Site by the CUSTOMER, and within the limits of available stocks.
The photographs illustrating the Products do not enter into the contractual field.
ARTICLE 5. PRICE
Product prices are indicated in euros (€) and ($). They take into account the VAT applicable on the day of the order. BAÏDAVIE reserves the right, which the USER accepts, to modify its prices at any time but the PRODUCTS will be invoiced on the basis of the prices in force at the time of the registration of the order, subject however to the availability of PRODUCTS.
The possible shipping costs are invoiced in supplement.
ARTICLE 6. ORDERS
Article 6.1. Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law including the List of ingredients.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France, European Union and United Arab Emirates.
Article 6.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below:
Selection of PRODUCTS and purchase options:
The CUSTOMER must select the PRODUCT (s) of their choice by clicking on the concerned PRODUCT (s) and choosing the quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER basket. The latter can then add as many other PRODUCTS to his basket as he wishes.
All photos are given for information only and are in no way contractual elements.
Article 6.2.1. Orders
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form will be displayed to his attention, automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before confirming its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
Article 6.2.2. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE in order to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address communicated using the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
Article 6.2.3. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the method of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Whatever the order or payment method used, the CUSTOMER will have the original invoice upon DELIVERY of PRODUCTS, in their customer area.
Article 6.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE begin from this date.
Article 6.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in Euros (€) and Dollars ($) all taxes included, as well as the applicable delivery costs (depending on the weight of the package, the DELIVERY address and the carrier or chosen mode of transport).
The prices include in particular the value added tax (VAT) at the rate on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into the new rate.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The indicated prices are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 6.5. Availability of PRODUCTS
The SELLER agrees to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the PARTIES have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the SELLER's restocking of a PRODUCT.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
ARTICLE 7. PAYMENT
Article 7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the SITE.
It is for this reason specified that all the information relating to the payment provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.
Article 7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCT order is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is dispatched. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 6.5 of these GCS.
Article 7.3. Late or refused payment
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. DELIVERY
The methods of DELIVERY of PRODUCTS are provided for in the “Delivery Method” below and accessible on each page of the SITE via a hypertext link.
ARTICLE 9. PACKAGING
The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.
CUSTOMERS agree to comply with the same standards when they return PRODUCTS under the conditions set out in Article 11. RETURN THE ARTICLES.
ARTICLE 10. COMPLAINTS
ARTICLE 11. RETURN THE ARTICLES
The CUSTOMER has the right to return the unused item under the same conditions of receipt within 15 days of delivery for a full refund.
Refund will be made within 3-5 days, after receiving the item and processing of the return.
ARTICLE 12. LIMIT OF RESPONSABILITY
Neither PARTY shall be liable for the total or partial non-execution of its obligations under this contract, if such non-execution is caused by an event constituting force majeure. Will be considered as force majeure the events meeting the criteria set by case law and beyond the control of the SELLER, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the SELLER. It is specified that, in such a situation, the CLIENT may not claim payment of any compensation and may not take any action against the SELLER.
The PARTY invoking an event constituting force majeure shall notify the other PARTY within five working days following the occurrence or threat of such event. The PARTIES agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order for the duration of the event of force majeure.
Translated with www.DeepL.com/Translator (free version)
ARTICLE 13. PERSONAL INFORMATION
Personal information of CUSTOMERS or the PURCHASER is collected and processed by BAIDAVIE COSMETICS. In the context of online sales, the provision of certain personal information is mandatory, including through cookies, this information being necessary for the processing and delivery of orders as well as for preparing invoices. This information is strictly confidential.
Note that CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
Failure to provide information implies automatic rejection of the order. Certain information may also be used to send CUSTOMERS information and / or promotional offers on the brand's products.
In accordance with the provisions of the law Federal Law No. 1 of 2006 on electronic commerce and transactions provides security measures for electronic transactions and guarantees the authenticity and reliability of electronic information and in accordance with Article 378 of the Code criminal of the UAE, the SELLER ensures the implementation of the rights of the persons concerned.
The USER has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.
The CUSTOMER also has the right to formulate and communicate directives relating to the fate of his personal information after his death and to lodge a complaint with a competent authority. To exercise one or more of these rights, the CUSTOMER must complete the Contact form available on the Site.
ARTICLE 14. INTELLECTUAL PROPERTY
These GCS and the order summary sent to the CUSTOMER form a contractual whole and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, these general conditions of sale will prevail.
The BAIDAVIE brand, the SITE, as well as all of the elements that compose it, such as, in particular: brands, logos, photographs, images, illustrations, texts, slogans, video, structure of the Site, are the exclusive property of BAIDAVIE COSMETICS establishment, the only one authorized to use the intellectual property rights and personality rights relating thereto, or of the holder of the intellectual property rights concerned.
Any reproduction and / or full or partial representation, use, adaptation or modification of the SITE or any of the elements that compose it, on any medium whatsoever and in any form whatsoever, is expressly prohibited, unless authorized written and prior to the establishment BAIDAVIE COSMETICS. The creation of hypertext links to the SITE can only be carried out with the prior written authorization of the BAIDAVIE COSMETICS establishment.
ARTICLE 15. VALIDITY OF THE CGS
Any modification of the laws or regulations, or any decision of a competent court invalidating one or more clauses of these CGS cannot affect the validity of these CGS. Such a modification or decision does not in any case authorize CUSTOMERS to ignore these Terms.
ARTICLE 16. MODIFICATION OF THE CGS
These CGS apply to all purchases made online on the SITE, as long as the SITE is available online.
The CGS are precisely dated and may be modified and updated by the SELLER at any time. The applicable CGS are those at the time of the order.
The modifications made to the CGS will not apply to the PRODUCTS already purchased.
ARTICLE 17. APPLICABLE LAW – COMPETENT JURISDICTION
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY UAE LAW.
Sales of BAIDAVIE COSMETICS products are subject to UAE law regardless of the Buyer's country of residence and the place of order placement. Any litigation relating to the existence, the interpretation, the execution or the breach of the contract concluded between BAIDAVIE COSMETICS and the CUSTOMER, even in the event of multiple defendants, will be, in the absence of amicable agreement, exclusive competence of UAE competent courts in application of the rules laid down by the UAE Code of Civil Procedure.
However, prior to any recourse to the arbitral or state judge, the CUSTOMER is invited to contact the SELLER's claims department, in accordance with ARTICLE 10. CLAIMS. If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, then an optional mediation procedure will be offered, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement at the occurrence of any conflict relating to this contract, including relating to its validity.
The PARTY wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. Mediation is not compulsory, the CUSTOMER or SELLER may at any time withdraw from the process.
IN THE HYPOTHESIS IN WHICH MEDIATION FAILS OR IS NOT ENVISAGED, THE LITIGATION, WHICH MAY HAVE GIVEN MEDIATION, WILL BE CONFIDENTIAL TO THE JURISDICTION REFERRED TO ABOVE.