Terms of Sale

This website is operated by AMEL BATITA. On this site, the terms “we”, “us” and “our” refer to AMEL BATITA. AMEL BATITA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. .

 

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Conditions of Sale and Use"), including the terms, additional terms and policies referenced herein and/or hyperlinked to. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

 

Please read these Terms and Conditions of Sale and Use carefully before accessing to or use our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.

 

All new functionalities and all new tools that will be added later to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 

Article 1 - Conditions of use of our online store

 

By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your co consent to allow your minor dependents to use this website.

 

Use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

 

You must not transmit verses, virus or other code of a destructive nature.

 

Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.

 

Article 2 - General conditions

 

We reserve the right to deny access to the Services to any person at any time for any reason.

 

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over the networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without express prior written permission from us.

 

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

 

Article 3 - Registrations and orders

 

Orders are made only on the site and necessarily require the creation of an account on the site. The Customer receives a confirmation e-mail when registering on the site and for each order placed. All orders validated by the Customer constitute a sales contract and unreserved acceptance of all the General Terms and Conditions of Sale and Use. The Customer therefore undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.

 

When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, AMEL BATITA cannot be held responsible for the impossibility of delivering products.

 

When placing an order, the customer must select the chosen products, add them to his basket, indicating the selected products and the desired quantities. The customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

 

Any modification of the order by the customer after confirmation of his order is subject to the agreement of the Operator. The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator can in no way be sought in the event that an error when placing the order prevents or delays the delivery / delivery.

 

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice will be communicated to the customer when ordering. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

 

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area. You therefore agree to provide up-to-date, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

 

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that the Customer does not respect the General Conditions in force at the time of his order, one of the Customer's previous orders the subject of a dispute being processed, the Customer has not responded to a request for confirmation of his order that the Operator sent him, the Operator archives the contracts for the sale of Products in accordance with the legislation applies.

 

We therefore reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

 

In order to allow easier and faster registration or connection to the Site, the Customer has the option of automatically pre-filling the registration form.

 

By registering on the Site, the Customer declares and guarantees to the Operator that he is of legal age and has the legal capacity to contract or is a minor on the condition that he intervenes under the supervision of the parent or guardian holding parental authority. . Under no circumstances is an order authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example).

 

The Operator may delete the Customer's Account at any time, for any reason, in its sole discretion, without notice.

 

Article 4 - Products and availability

 

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of the Operator. We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.

 

The Operator takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

 

The Operator does not guarantee the accuracy or the security of the information transmitted or obtained by means of the Site.

 

It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that the Operator only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are returned to stock.

 

The Operator strives to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.

 

If, despite the Operator's best efforts, a Product turns out to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between the delivery of a Product of a quality and price equivalent to that initially ordered, or reimbursement of the price of the Product ordered. It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

 

In any event, in the event of non-compliance of the product delivered with its description on the Site, the Customer may either exercise his right of withdrawal or implement the Operator's guarantee of conformity, which will proceed, if applicable, either to the exchange or to the reimbursement of the price (in whole or in part) possibly invoiced.

 

Article 5 - Price and terms of payment

 

The prices of our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.

 

We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.

 

The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

 

In any case, the Operator reserves the right to check the validity of the payment, before shipping the order, by any means necessary.

 

The Operator uses online payment solutions by Credit Card & Paypal.

 

Orders can be paid for using the following payment method:

 

- Payment by credit card

 

Payment is made by Stripe. The Customer's order is recorded and validated upon acceptance of payment by the bank. The data recorded by Stripe constitutes proof of financial transactions.

 

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

 

The impossibility of debiting the sums due will result in the immediate nullity of the sale.

 

The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

 

- Payment by Paypal electronic wallet

 

Or, the Customer already has an account on the electronic wallet used by the Operator and the Customer can use this account and pay for his order in complete security without communicating his bank details.

If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

 

Or, the Customer can use PayPal Express Checkout at checkout and is not required to have a PayPal account to make his purchase. In this case, the Customer must enter his bank details to make the payment.

 

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.

 

The price of the Products in force at the time of the order is indicated in euros excluding taxes (HT) because the Operator is not subject to VAT, excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.

 

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant. Customs clearance, payment of duties or any other types of various taxes are the responsibility of the Customer. 

 

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

 

Article 6 - Delivery

 

Delivery means the transfer to the Customer of physical possession or control of the Product.

 

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order. 

 

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to ship the Products within a maximum period of one week.

 

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

 

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

 

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date. In all cases, the times indicated are indicative and correspond to average processing and delivery times. Thus, the Operator cannot be held responsible for the consequences due to a delay in delivery not being its fault.

 

If the delivery time is abnormally long, the Customer may contact the Operator by email contact@amelbatita.com, an investigation will then be opened with the delivery service in order to locate the Customer's package. No refund or return of products can be made before the investigation is closed.

 

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery. The Customer must therefore ensure that he has communicated exact and complete information concerning the delivery address such as, in particular, the street number, building, staircase, access codes, names and/or phone numbers. intercom, etc. In the event of inaccurate or incomplete information, the second shipment will be the responsibility of the Customer.

 

On delivery, you may be asked to sign a receipt. No delivery will be made to a PO Box. Upon receipt, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate it on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.

 

Article 7 - Right of withdrawal, refund and return

 

In accordance with article L.221-20 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from the Operator. Beyond this period of fourteen (14) days, the sale is firm and final.

 

The exercise of the right of withdrawal must be made by sending an email to the address contact@pamelbatita.com

 

The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. The customer must attach a copy of the invoice or any other element allowing the order to be identified so it is. After a first exchange or refund, it is no longer possible to obtain a refund for your order.

 

The return of the Products is the responsibility of the Customer and is at his own risk.

 

Any reservation on the condition of the products (eg damaged or opened package) must be notified immediately upon receipt of the order.

 

Products on sale cannot be refunded.

 

The refund will be made upon receipt of the package, after examination of the Products. The Operator reserves the right to refuse a refund upon receipt of the package if it finds that the Product is not in its original condition, has been washed, worn. In short, the Operator will not be able to reimburse the Products concerned if the Customer does not comply with these conditions, in particular the conditions for return or exchange.

 

Article 8 – Service client

 

The Customer can contact the Operator by email at the address contact@amelbatita.com indicating his name, telephone number, the subject of his request and the number of the order concerned.

 

Article 9 - Prohibited uses

 

In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in such a way as to compromise the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

 

Article 10 - Exclusion of warranties and limitation of liability

 

The Operator implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Operator's liability were to be incurred, it could in no way agree to compensate the Customer for consequential damages or damages whose existence and/or quantum would not be established by evidence.

 

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.

 

We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.

 

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

 

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk.

 

The Operator, its suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever. be, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether in contract, tort (even in negligence), liability strict or otherwise, arising out of your use of any service or product from this Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or for any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been notified the possibility of them occurring.

 

In the event of the occurrence of an event of force majeure preventing the execution of these GCS, the Operator shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter. with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of the Operator or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

 

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Operator would never have contracted.

 

 

In the event that a provision of these General Conditions of Sale and Use would be deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation does not shall not affect the validity and enforceability of any other remaining provisions.

 

Article 11 - Intellectual and industrial property

 

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

 

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

 

The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

 

Article 12 - Personal data

 

The information of the personal information collected within the framework of the remote sale is obligatory, this information being necessary for the treatment and the delivery of the orders as well as for the establishment of the invoices. The lack of information implies the automatic rejection of the order. In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, this information is strictly confidential and the Operator undertakes to respect total confidentiality of the information transmitted and not to communicate it.

 

Article 13 - Entire agreement

 

Any failure by us to exercise or enforce any right or any layout of the meadows These Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

 

These Terms and Conditions of Sale and Use or any other policies or operating rules we post on this site or with respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to any prior version of the Terms and Conditions of Sale and Use).

 

Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the writing party.

 

Article 14 - Applicable law

 

These General Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, will be governed by and interpreted under the laws in force in France. The language of this contract is French. Consequently, in the event of a dispute, the French courts will have sole jurisdiction.

 

Article 15 - Contact details

 

Questions regarding the General Conditions of Sale and Use should be sent to us at contact@amelbatita.com