Terms of sale

GENERAL TERMS AND CONDITIONS

Article 1: Scope

The present general terms and conditions of sale define the terms and conditions of online sales concluded between SAS Elvina Belloir (hereinafter "ELVINA BELLOIR") and any Customer making a purchase via the Website.  The GTC apply to all Orders for Products placed by a Customer on the Website, to the exclusion of all other conditions. They are accessible by the Customer on the Website at any time and are systematically subject to the Customer's acceptance prior to any Order.

Not exercising, at any time, a prerogative recognized by the GTC, or not requiring the application of any stipulation arising from the GTC may in no case be interpreted, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise the said prerogative in the future, or of the right to require the performance of commitments under the terms of the GTC.

ELVINA BELLOIR reserves the right to adapt or modify these GTC at any time. Consequently, the Customer is invited to consult the GTC before any new Order. The GTC in force at the time will be applicable to all Orders placed from the date they are published online.

Article 2: Definitions

"Customer" means any natural person having the status of consumer (any natural person, non-professional, who is likely to purchase Products presented on the Site for purposes which do not fall within the scope of his professional activity), and having placed an Order on the Website, which has been accepted and confirmed by ELVINA BELLOIR;

"GTC" refers to these general terms and conditions of sale, available in French and English;

"Order" refers to the contract of sale concluded at a distance, which is deemed to have been concluded when the Customer confirms his/her Order by clicking on the "Pay now" button;

"Product" refers to the clothing and accessories marketed by ELVINA BELLOIR on its Website, the characteristics of which are described on the Product page;

"Website": the website accessible at the URL http://elvinabelloir.com on which ELVINA BELLOIR markets Products to Customers.

Article 3: How to place an Order

To place an Order, the Customer must complete the following steps:

• Consultation of the page presenting the Product: the Customer chooses the quantity and any options available (size, color if applicable) and then clicks on "Add to basket" to add the Product to his/her basket ;
• In the "Basket" tab, the Customer can modify the quantity or delete a Product. The "Basket" is updated automatically. By clicking on "Pay now", the Customer is redirected to a page where he/she is invited to create an account, or if he/she already has an account, to log in;
• Once logged in, the Customer accesses a summary page, on which he/she chooses the method of payment and delivery: this page enables the Customer to check the various components of the Order (Product, quantity, total price), to identify any errors made in filling in the data and to correct them ;
• Assuming the information is correct, the Customer must then fill in his/her billing and delivery details, choose the payment method and fill in his/her payment details, being specified that the Customer guarantees the truthfulness and accuracy of the information provided by him/her on the Website.
• To place an Order, the Customer must click on "Pay now" after having ticked the box "I have read and accept the terms and conditions" accessible via a hypertext link. Consequently, placing an Order implies the Customer's full and unreserved acceptance of the GTC. All Orders placed on the Website are subject to payment.  

The Customer will receive a detailed acknowledgement of receipt of his/her Order at the e-mail address previously provided. This acknowledgement of receipt specifies the total amount invoiced, the Products ordered and their quantity, the terms and conditions of delivery of the Order and refers to the present GTC. This acknowledgement of receipt constitutes acceptance of the Order by ELVINA BELLOIR.

In the event that the Product ordered is eventually unavailable, ELVINA BELLOIR undertakes to inform the Customer as soon as possible by e-mail or telephone. The latter may, in such a case, either cancel or modify the Order.

Article 4: Prices

Prices quoted on the Website are in euros, inclusive of all taxes. The total price paid by the Customer will be determined according to the total amount of the Order and the delivery method chosen by the Customer in accordance with Article 6.

The prices applicable to an Order are the prices in force at the time the Order is placed, as displayed on the Website. ELVINA BELLOIR reserves the right to modify the prices of its Products, delivery charges and applicable promotions at any time, being specified that these modifications will in no case affect an Order already validated.

Any promotional offer proposed on the Website will only be valid within the limits of its conditions of validity and availability of stocks.

Article 5: Payment 

The Customer may pay for his/her Order by credit card (Visa, Mastercard, Amex) or via Alma in several instalments. 

Payment of the Order is immediate on the day of the Order.

Article 6: Delivery terms

Products ordered by the Customer in accordance with these GTC will be delivered to the address indicated by the Customer as his/her delivery address when the Order is placed. Delivery is possible worldwide, except in exceptional circumstances (impossibility of delivery). The customs duty if applicable are borne by the Customer.

When the Order is placed, the delivery time for the Products is specified to the Customer. Delivery times vary according to the delivery address provided for by the Customer. Delivery times may be extended during busy periods.

In the event of late or non-delivery, the Customer is invited to contact ELVINA BELLOIR:

• via the contact form available at https://elvinabelloir.com/pages/contact-us;
• by e-mail at contact@elvinabelloir.com.  

Upon receipt of the Products, the Customer is required to check the condition of the packaging and the conformity of the Product. Any anomaly concerning delivery (damage, open parcel, damaged parcel, damaged Products, etc.) must be indicated on the delivery note in the form of "handwritten reservations",  with the Customer's signature. The latter must inform ELVINA BELLOIR without delay, and in any event within forty-eight (48) hours of receipt of the Order, by e-mail to contact@elvinabelloir.com.

Article 7: Legal right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the Order (or a third party designated by the Customer other than the carrier), to cancel the Order, without penalty and without cause.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be granted in the case of sealed goods which cannot be returned for reasons of health or hygiene protection and which have been unsealed by the consumer after delivery. 

The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories.

The Customer shall inform ELVINA BELLOIR before the expiration of the withdrawal period, of his/her decision to withdraw from the contract. To do so, the Customer may:

• use the model of withdrawal form, or;
• make any other unambiguous statement setting out his/her decision to withdraw from the contract by post to the following address: 65 rue de Bretagne, 75003 or by e-mail to the following address contact@elvinabelloir.com.

ELVINA BELLOIR will then immediately send the Customer an acknowledgement of receipt of his/her decision to withdraw. 

The Customer must return the Product(s) no later than fourteen (14) days following the communication of his/her decision to withdraw. The Product(s) for which the Customer has exercised his/her right of withdrawal must be returned to the following address: 65 rue de Bretagne, 75003 Paris (France). 

The shipment shall contain the return slip and the invoice. 

The burden of proof concerning the exercise of the right of withdrawal in accordance with the present article lies with the Customer.

The cost of returning Products is borne by the Customer. 

The return of all Products ordered will give rise to a refund equal to the total amount paid by the Customer, i.e. the purchase price of the Product(s) and any delivery charges. If the amount of the original Order has enabled the Customer to obtain a benefit (free delivery, gifts, etc.), the refund of the returned Products will be subject to the deduction of the corresponding benefits.

Reimbursement will be made within a maximum of fourteen (14) days from receipt by ELVINA BELLOIR of the returned Products. 

The reimbursement will be made by the same means of payment as the one used by the Customer at the time of his/her Order.

Article 8: Legal warranties

The Customer has a period of two (2) years from the delivery of the Product to obtain the execution of the legal waranty of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal warranty of conformity entitles the Customer to repair or replace the Product within thirty (30) days of his request, free of charge and without any major inconvenience to him.

If the Product is repaired under the legal warranty of conformity, the Customer benefits from a six (6) month extension of the initial warranty.

If the Customer requests repair of the Product, but ELVINA BELLOIR requires replacement, the legal warranty of conformity is renewed for a period of two (2) years from the date of replacement of the Product.

The Customer may obtain a reduction in the purchase price by retaining the Product, or terminate the contract by obtaining a full refund against return of the Product, if:

1° ELVINA BELLOIR refuses to repair or replace the Product;

2° The Product is repaired or replaced after a period of thirty (30) days;

3° The repair or replacement of the Product causes a major inconvenience to the Customer, in particular when the Customer definitively bears the costs of taking back or removing the non-conforming Product;

4° The non-conformity of the Product persists despite ELVINA BELLOIR's unsuccessful attempts to bring it into conformity.

The Customer is also entitled to a reduction in the price of the Product or to rescission of the contract when the lack of conformity is so serious that it justifies a reduction in the price or rescission of the contract.

The Customer is then not obliged to request repair or replacement of the Product beforehand.

The Customer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the Product is immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired or replaced Product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L.241-5 of the French Consumer Code).

The Customer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the Customer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

Article 9: Liability

ELVINA BELLOIR shall not be held liable for any Order in the event that the non-performance of its obligations is attributable to the act of a third party or to the fault of the Customer.

Article 10: Force majeure

ELVINA BELLOIR cannot be held responsible for any non-performance resulting from the occurrence of force majeure event, as defined by article 1218 of the French Civil Code and by case law.

The occurrence of a force majeure event will have the effect of suspending, in whole or in part, the obligations of ELVINA BELLOIR. ELVINA BELLOIR undertakes to notify the Customer as soon as possible of its occurrence and termination.

Should the force majeure event continue beyond thirty (30) days, the Order may be terminated by either party.

Article 11: Intellectual property

The Customer has no intellectual or industrial property rights over the Products, packaging, brand names and more generally any element of intellectual property, such rights being the exclusive property of ELVINA BELLOIR. Any use by the Customer of these elements, without the prior and express agreement of ELVINA BELLOIR is strictly forbidden. 

Failure to comply with this prohibition constitutes an infringement which may incur the civil and criminal liability of the infringer.

None of the provisions of the present General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property right whatsoever.

Article 12: Protection and processing of personal data

ELVINA BELLOIR may store and process personal data relating to its Customers and Website users in the course of its business. The latter understand and accept that the processing of personal data is necessary to process the various requests. Some of this data may be transferred to companies involved in delivering Products. 

The conditions of collection and processing of personal data of Customers are specified in the Privacy Policy, which can be consulted on the Website.

In accordance with article L.223-1 et seq. of the French Consumer Code, ELVINA BELLOIR informs the Customer that he/she may register free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone anti-solicitation list in order to avoid being contacted by a professional, except in the event that this solicitation is made in the context of the performance of a current contract and is related to the purpose of this contract.

Article 13: Consumer ombudsman

In accordance with the provisions of articles L.612-1 et seq. of the French Consumer Code, and subject to the Customer's prior unsuccessful complaint to ELVINA BELLOIR, the Customer may have recourse, free of charge, to a consumer mediation procedure within a period of one year from the date of the initial complaint, by contacting the Société Médiation Professionnelle located at 24 rue Albert de Mun, 33000 Bordeaux, 05 49 38 18 88.

The Customer may also contact the European online dispute resolution platform available via the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. 

The purpose of this platform is to offer the consumer procedures for the amicable settlement of disputes offered by entities qualified to deal with disputes between consumers and companies or liberal professions located in the European Union.

Article 14: Applicable law and settlement of disputes

The present GTC are subject to the application of French law. In the event of a dispute, the parties will make every effort to resolve the matter amicably. Failing amicable settlement, the Customer may bring the matter before one of the courts having territorial jurisdiction under the French Civil Procedure Code, or before the court of the place where the Customer resided at the time the Order was placed.

Date of publication: 21 August, 2023

Appendix – Model of withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of SAS Elvina Belloir, 16 passage Charles Dallery, 75011 Paris - contact@elvinabelloir.fr :

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.