Terms of sales

TERMS OF SALES

The purpose of these conditions is to fix the terms under which the company BI MODE PROMOD S.L. sells silver and gold jewelery of the brand SHABADA in 24K fine gold to zamak to its customers.

BI MODE PROMOD SL is a limited liability company registered in the Girona commercial register (Tomo 2827, Libro: 0, Folio: 18, Sección: 8, Hoja: GI 51357 - Inscripción: 1) and whose registered office is C. Mare de Deu del Carmel 20 - 08 022 BARCELONA (ESPAÑA).

 Phone +336 49 35 17 86

Email: contact@shabada.com

Acceptance of these general conditions of sale ("GTC") implies the Customer's full and unreserved acceptance of these GTC. All orders on the Site are subject to these GTC. These are subject to modifications and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

OBJECT

These Terms and Conditions exclusively govern the sales made by BI MODE PROMOD SL of the Products offered to Buyers having the quality of consumers on the site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers. .

The GTC are enforceable against the Customer who declares to have read and accepted them by checking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.

CUSTOMER

The Client of the Site must be a consumer, an adult and legally capable natural person. The Customer must, when placing their first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields so that his order for Products can be taken into account by BI MODE PROMOD S.L ..

The information communicated to BI MODE PROMOD S.L. within the framework of the opening of its customer account and during each of its orders must be complete, exact and up to date.

BI MODE PROMOD S.L. reserves the right not to follow up on an order if it does not come from a customer meeting the criteria set above.

PRODUCTS

The essential characteristics of the Products are presented on the Site inside each product file. If the Customer has questions, he can contact BI MODE PROMOD S.L. by telephone on +33 6 49 35 17 86 or by email at the following address : contact@shabada.com. His request will be dealt with by an adviser or one of our sales agents.

ORDER PROCESS

WHAT ARE THE STEPS FOR ORDERING OUR SHABADA SITE?

  1. The Customer walks on the Site and adds the Product to his basket, specifying the quantity;
  2. The Customer verifies the nature of the Products added to the basket;
  3. To delete an article, the Customer must click on "Delete" and to change the number of articles, modify the quantity and click on "Refresh";
  4. The Customer can then finalize his order or choose to continue his purchases;
  5. To conclude the purchase contract and finalize the order, the Customer must complete the order form and indicate the personal data necessary for the order;
  6. The Customer must choose his delivery method: home delivery or relay point;
  7. The Customer must choose his method of payment;
  8. It is up to the Customer to check the details of the order and in particular the total price of his order taking into account the price of the Products, the terms and delivery costs, VAT, the Product in particular in terms of quantity.
  9. The Customer must read and accept the General Conditions of Sale;
  10. The Customer makes the payment: The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.

IN WHAT CASES BI MODE PROMOD S.L. RESERVES THE RIGHT TO REFUSE THE MAKING OF AN ORDER?

  • BI MODE PROMOD S.L. reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
  • BI MODE PROMOD S.L. will also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order not in accordance with these GTC.

In these cases, BI MODE PROMOD S.L. will inform the Customer by telephone or by email.

WHAT HAPPENS WHEN A PRODUCT IS NO LONGER AVAILABLE AT THE TIME OF SENDING THE ORDER?

In the event that the Products presented on the Site are no longer available or for sale when your order is sent, BI MODE PROMOD SL must communicate to you promptly, and in any case, before thirty working days from the day depending on your order, the possible unavailability of the products ordered. In the event of payment of the price, BI MODE PROMOD S.L. will reimburse you in full for the sums advanced for unavailable Products. In addition, any order including only gift boxes can not be sent and will be refunded.

WHEN IS THE CONTRACT VALIDATED?

The contract is deemed concluded upon receipt by BI MODE PROMOD S.L. of the order after verification by BI MODE PROMOD S.L. of the accuracy of the data relating to the order. After validation of your order, a notice of receipt will be sent to you by email to the Customer, containing a summary of the information of the order (essential product characteristics, price, means of payment, right of withdrawal, delivery times and costs).



PAYMENT

WHAT ARE THE TERMS OF PAYMENT FOLLOWED BY BI MODE PROMOD?

The Site offers payment via Credit Card as well as PayPal. When the order is finalized, BI MODE PROMOD S.L. confirms the payment by sending the Customer a summary email. The prices displayed on the site are expressed in euros only, all taxes included (French VAT and other taxes applicable on the day of the order). The packaging, order processing and shipping costs are indicated before validation of the order.

BI MODE PROMOD S.L. may modify the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. The Products remain the full property of BI MODE PROMOD S.L. until full payment of the price of each order from the company.

WHAT ABOUT FEES AND TAXES FOR DELIVERIES OUTSIDE THE EUROPEAN UNION?

For delivery outside the European Union, the Customer must pay the customs duties or other taxes due on the importation of the products into the country of the place of delivery. The related formalities are also the sole responsibility of the Client. The Customer is solely responsible for verifying the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.

DELIVERY

The Products are delivered to the delivery address indicated on the order form, according to the shipping method chosen by the Customer and are delivered to the recipient against signature of a delivery slip. The products are delivered worldwide. No deliveries can be made to a hotel or PO box address.

CONDITIONS AND DELIVERY TIMES?

BI MODE PROMOD S.L. undertakes to dispatch all orders placed before noon the same day (only on working days). However, during busy periods such as Christmas, BI MODE PROMOD S.L. reserves the right to extend the shipping time to 72 hours.

Monday to Friday before 1 p.m .: Packages leave at 1 p.m. - order must be placed the day before or the same day before 9 a.m. for a departure on the same day.

Friday after 1 p.m., Weekend and public holidays: Orders leave Monday morning.

From the time the order is shipped, the average delivery times are as follows:

  • France and Spain: 2 to 5 working days by UPS.
  • International: 5 to 10 working days by UPS.

IN THE EVENT OF A CHANGE OF ADDRESS?

It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time. In the absence of BI MODE PROMOD SL being able to deliver on the date indicated or within the period indicated during the order, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2 of the Consumer Code, i.e. by registered letter with acknowledgment of receipt, after having instructed BI MODE PROMOD SL to make delivery within a reasonable time by registered letter with acknowledgment of receipt, without BI MODE PROMOD SL is not executed.

RECEIPT OF PRODUCTS

Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the Product delivered.

DAMAGED PACKAGING?

If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains.

DAMAGED PRODUCTS?

If these Products have been damaged, the Client must:

  • refuse the package;
  • note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This verification is deemed to have been carried out once the Client, or a person authorized by him, has signed the delivery slip.
  • confirm by registered mail its reservations to the carrier at the latest within three days, not including holidays, following that of receipt of the Products and send a copy of this mail to BI MODE PROMOD S.L ..

Failure to comply with this deadline does not hamper the recourse that the Customer may have against BI MODE PROMOD S.L. to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of delivery. Likewise, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.

GUARANTEES

For all inquiries relating to commercial and legal guarantees, please contact:

BI MODE PROMOD S.L. SAV., C.Mare de Deu del Carmel 20, 08 022 BARCELONA (ESPAÑA) - Phone +33 6 49 35 17 86 - Email: contact@shabada.com.

  1. COMMERCIAL GUARANTEE:

In addition to the legal guarantees (2) to which we are bound, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, stones to be glued). The Customer may request the application of this guarantee by mail (by sending the Product back to us) and attach the proof of purchase.

  • This warranty is free. We will reimburse you for the shipping costs.
  • This warranty runs from the date of delivery of the Product for a period of 3 months.

This commercial guarantee does not concern:

  • Non-conforming uses as well as faults in use;
  • Damage due to handling error, improper or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
  • In the event of an abnormal maintenance operation or in the event of a lack of maintenance and hygiene;
  • In case of natural wear;
  • The interventions carried out on the jewel by any person not mandated by the Customer Service as well as the deteriorations consecutive to such an intervention.

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 during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least 7 days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.

       2.  LEGAL GUARANTEES:

Unless he is a legal person or a natural person acting for purposes within the framework of his commercial, industrial, artisanal or liberal activity, the Client benefits in any event from the legal guarantees on the basis of which he can act.

BI MODE PROMOD S.L. is thus held responsible for defects of conformity and hidden defects under the conditions provided for respectively by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.

Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code: To comply with the contract, the product must: 1 ° Be suitable for the use usually expected of a similar product and, if necessary: ​​- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; - present 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 have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L 217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price returned or keep the goods and get part of the price. The same faculty is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within the period of one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The cancellation of the sale cannot however be pronounced if the lack of conformity is minor.

Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

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 goods.

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 during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision 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 thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have it not acquired, or would have given a lesser price, if he had known them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and to be returned part of the price.

Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

When acting as a legal guarantee of conformity, the Customer:

  • has a period of 2 years from the delivery of the goods to act;
  • can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by BI MODE PROMOD S.L ..

When acting as a legal guarantee against hidden defects, the Customer can choose between the resolution of the sale or the reduction of the sale price in accordance with article 1644 of the Civil Code.

CUSTOMER RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L 221-18 et seq. Of the Consumer Code, the Customer may discretionary renounce his order without justifying any reason. He may exercise it within 14 days of receipt of the Product.

RETURN PERIOD:

Before the expiration of this period of 14 days, the Customer must inform BI MODE PROMOD SL of his decision to withdraw either by sending him the withdrawal form appearing at the bottom of the GTC by cutting it out or in your package, after having duly completed, either by sending him an email clearly and unambiguously expressing this decision and mentioning the number of his order at: contact@shabada.com

he Customer must return the Product, at his expense (unless the product does not comply or has a manufacturing defect), to BI MODE PROMOD SL, to the address mentioned on the withdrawal form at the latest within 14 days following the communication of its decision to withdraw.

BI MODE PROMOD S.L. strongly advises its Customers to return the products by Colissimo or Lettre Max. The Customer also has the option of choosing the carrier of his choice.

REFUNDS:

BI MODE PROMOD SL must reimburse the Customer, including delivery costs, at the latest within 14 days from the date on which BI MODE PROMOD SL has actually recovered the Product or the date on which the Customer has supplied it proof of shipment of the Product. Reimbursement will be made by bank transfer to the card used to settle the initial invoice. It is not possible to replace or exchange returned products. You will need to place a new order online.

EFFECT OF THE CONTRACT

The contract produces all its effects upon its conclusion and may not be terminated unilaterally by either of the parties, except use by the Customer of its right of withdrawal under the conditions set out in articles L 221-18 and following of Consumer Code.

INTELLECTUAL PROPERTY

The Customer acknowledges that the BI MODE PROMOD SL Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of BI MODE PROMOD SL, in particular under of intellectual property, for the entire duration of protection of these rights and for the whole world.

Certain Products have been registered as a design and are automatically protected by copyright.

The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, brands or distinctive signs, business secrets, techniques or know-how to be used by BI MODE PROMOD SL, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by BI MODE PROMOD SL by a mark, a design and a model or a right copyright.

Consequently, any reproduction not authorized by BI MODE PROMOD S.L. will be subject to an infringement liable to legal action.

PROCESSING OF PERSONAL DATA

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.

LITIGATION

In the event of a dispute, the Customer must first contact BI MODE PROMOD S.L.'s Customer Service by calling +336 49 35 17 86 or by email at: contact @ BI MODE PROMOD S.L..com.

 

APPLICABLE LAW AND COMPETENT JURISDICTION

The GTCS are subject to French law: in accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GTCS may give rise, concerning both its validity, its interpretation, its execution, its termination, their consequences and their follow-up will be submitted to the competent court in accordance with the rules of jurisdiction of ordinary law.

Withdrawal form : http://shabadabijoux.com/img/cms/WITHDRAWAL FORM.pdf