Terms of Sales - Byblos Shop

IDENTIFICATION OF THE SELLER

These general conditions of sale apply to the sales defined below and carried out by the company LE BYBLOS SAS, with a share capital of €2,000,000.00, whose registered office is located at 20 avenue Paul Signac, 83990 Saint-Tropez – France. Registered in the trade and companies register of Fréjus under number 596 780 049 and its intra-community VAT number is FR04 596 780 049. Phone : +33 (0)4 94 56 68 00

–

RETURN AND REFUND

If you are not satisfied with the product, you can send it back to us within 2 weeks of delivery, for a refund (provided the product has not been used or damaged).

–

DELIVERY

Delivery charges are not included in the price. Delivery costs are the responsibility of the customer depending on the characteristics of the product and the place of delivery. These delivery costs will be communicated to him later by our Byblos Personal Shopper, before any final order and payment are placed.
For deliveries outside France and the European Union, customs duties of up to 15% of the total (product price + delivery) may be invoiced to you by the carrier before you can collect the package.

These general conditions of sale apply to all sales concluded through the website www.byblos-shop.com, subject to the special conditions indicated in the presentation of the products.

–

ARTICLE 1: Mandatory information

The www.byblos-shop.com website is published by LE BYBLOS SAS. Registered with the RCS of Fréjus under number 596 780 049, whose registered office is located at 20 avenue Paul Signac, 83990 Saint-Tropez. Contact: guestrelation@byblos.com.
The company is represented by Mr. Antoine Chevanne, Chairman of the Floirat Group management board.

–

ARTICLE 2: Essential characteristics of the products sold

The website www.byblos-shop.com sells capsule collections and exclusive products from the following brands: Au Départ Paris, Missoni Home, Elie Bleu, Hadoro Paris, Bernardaud, SfB (Stéphane franck Berthelot) and Garnier Thiebaut, as well as ” original creations” of own brand “Byblos” or “Caves du Roy” and stays. The customer declares to have read and accepted the general conditions of sale available on the site prior to placing his order. The validation of your order is therefore valid for acceptance of the general conditions of sale which are communicated to you on the site www.byblos-shop.com and which will also be sent to you by email or via a durable medium accompanied by a withdrawal form, during your exchanges with the Byblos Personal Shopper.

–

ARTICLE 3: Price

The prices of our products are indicated in euros (€), all taxes included (TTC).
In the event of an order delivered to a country other than metropolitan France, the customer is the importer of the products he buys. For all products shipped outside overseas communities or the European Union, the invoice is based on the price excluding taxes. The customer is solely responsible for declarations and payments of any customs duty or other tax that may be payable in his country.

–

ARTICLE 4: Time of availability of products

The products that appear on our site may be subject to certain availability. In order to best meet the expectations of our customers, our “Personal Shopper” will answer all your questions in the event of unavailability.

If a product is unavailable after the validation of your order, you will be informed immediately. We will proceed to cancel your purchase. If the amount had already been debited, you will be refunded immediately.

–

ARTICLE 5: Order

You can order our products directly by phone at +33494566800 Monday to Friday from 9:00 a.m. to 6:30 p.m.

To place an order on our site, choose your items and add them to the basket. Validate the contents of your basket and our “Byblos Personal Shopper” will contact you to finalize and confirm your order. You will have to accept the general conditions of sale “CGV”, when validating your basket.
You will receive in good time an e-mail confirming your order to the e-mail address you indicated in the contact form, including these T&Cs and confirmation of the information mentioned, or by any other writing or on another durable medium. Made available to you during the execution of the contract and at the latest at the time of delivery.
Check the details and total amount of your order. Correct any errors beforehand before any acceptance.
The transfer of ownership of the product will only take place upon delivery of the goods to you by the carrier.

–

ARTICLE 6: Delivery

We deliver our products in mainland France, including Corsica and the overseas departments and territories. Delivery takes place at the address indicated by the buyer.
We offer several delivery methods. They vary according to the characteristics of the purchased product and the desired place of delivery.
Our orders are shipped, at your convenience, by Chronopost or Colissimo for deliveries in mainland France including Corsica and the DOM-TOMs and by FedEx or UPS in the rest of the world. The cost of deliveries varies according to the type of delivery and the carrier. If you already have a personal or professional account, please let us know.
Deliveries in France and in the Principoty of Monaco:

The delivery times for the Chronopost Express service are:
– 2 working days for any order placed and validated before 1 p.m. on a working day*,
– 3 working days for any order placed and validated after 1 p.m. on a working day.

The Colissimo service deadlines are:
– 3 working days for any order placed and validated before 1 p.m. on a working day;
– 4 working days for any order placed and validated after 1 p.m. on a working day.
Concerning Corsica: 3 working days for any order validated on a working day.
*Working days include Monday to Friday excluding public holidays.
Deliveries to Belgium, Luxembourg, the Netherlands, Spain and Sweden:
FedEx® Express service times are:
– 3 working days for any order placed and validated before 1 p.m. on a working day;
– 4 working days for any order placed and validated after 1 p.m. on a working day.
Deliveries by Fedex Express may take place from Monday to Saturday.

Deliveries to Germany, Portugal, Italy, Ireland, Austria, Czech Republic, Finland, Denmark and Poland:
The UPS Standard service times are:
– 5 working days for any order placed and validated before 1 p.m. on a working day;
– 7 working days for all orders placed and validated after 1 p.m. on a working day.

The UPS Express Saver service times are:
– 1 working day for any order placed and validated before 1 p.m. on a working day;
– 3 working days for any order placed and validated after 1 p.m. on a working day.

The UPS Express service times are:
– 1 working day for all orders placed and validated before 1 p.m. on a working day;
– 3 working days for any order placed and validated after 1 p.m. on a working day.

For any questions, we invite you to contact our Personal Shopper by telephone on +33(0)4 94 56 68 00 or by e-mail: guestrelation@byblos.com

–

ARTICLE 7: Terms of payment

Several means of payment are accepted. As a customer, you have the option of paying by: Click & Pay payment link, 100% secure or bank card.
We accept payment by Visa, Mastercard and American Express. When paying, indicate the number of your credit card, its expiry date and the 3 digits on the back of it. Payment is 100% secure.
We require full payment for the order.

–

ARTICLE 8: Right of withdrawal

In accordance with Articles L.121-21 and L.221-18 of the Consumer Code, you have a right of withdrawal to be exercised within fourteen working days of receipt of the item. You do not have to justify reasons or pay penalties, apart from return costs;

The right of withdrawal does not apply for products made according to your specific instructions and for personalized products. Also excluded from the right of withdrawal are products which are by nature perishable, which cannot be reshipped (such as food products, offered in the “Grocery Byblos” tab) or which may deteriorate.

Return the product within the time frame mentioned above. Within the same period, inform us of the exercise of your right of withdrawal by post to the following address: Hôtel Byblos, 20 avenue Paul Signac, 83990 Saint-Tropez, France or by email to guestrelation@byblos.com.

The goods must be returned to the following address, the return costs being at your expense: Hotel Byblos, 20 avenue Paul Signac, 83990 Saint-Tropez, France. In order for our returned product to be marketable again, you agree to send it back to us in its original packaging and in perfect condition.

–

ARTICLE 9: Guarantee and right of return of the product (hidden defect or defect)

The company LE BYBLOS SAS is in fact liable for defects in the conformity of the goods with the contract under the conditions of articles L. 211-2 and following and 217-1 and following of the Consumer Code and for hidden defects in the thing sold in the conditions provided for in articles 1641 and following of the Civil Code.
Please note the mentions that:
– you have a period of two years from the delivery of the goods to act by making a request to this effect
– you can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code
– you are exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good (deadline extended to twenty-four months from March 18, 2016, except for second-hand goods).
– The legal guarantee of conformity applies independently of any commercial guarantee granted.
– You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the Civil Code.
LE BYBLOS undertakes to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
The guarantee is applicable to our products having a defective nature (lack of functionality, product unsuitable for the use you can expect, absence of the characteristics presented online, partial or total malfunction of the product, breakdown of the product) and this, even in the absence of a contractual guarantee.
In the event of a lack of conformity, we undertake to:
– Repair the product within 30 days and free of charge.
– In the event of failure in the performance of our obligation or in the event of a major defect, we undertake to reimburse you the full price paid or part of the price if you wish to keep the product.
The presumption of lack of conformity no longer applies if it appears after 24 months following the sale. You must provide proof of the defect of our product.
In the event of a hidden defect in your product, you benefit from the legal guarantee against hidden defects in articles 1641 to 1649 of the Civil Code. It applies to all our products. This guarantee applies when the defect renders the product unfit for use or when it reduces its use to such an extent that you would not have bought it or would have paid for it at a lower price. The warranty against hidden defects only applies when the defect predates the sale. You have a period of 2 years from the discovery of the defect to act.
In the presence of a defect, you can choose between the resolution of the sale or a reduction of the sale price in application of article 1644 of the Civil Code, unless you express your preference for a replacement of the product.

–

ARTICLE 10: Conditions and deadlines for reimbursement

Reimbursement of the products is full, except reduction of the aforementioned selling price. It is made by bank transfer as soon as possible and at the latest within 30 days from the date of exercise of the right of withdrawal.

–

ARTICLE 11: Consumer complaints

Any consumer complaint should be sent by post to the address mentioned opposite, Hotel Byblos, 20 avenue Paul Signac, 83990 Saint-Tropez, France or by email to guestrelation@byblos.com

–

ARTICLE 12: Intellectual property

Do, cause or authorize to be done, anything likely to infringe, harm or damage the reputation or brand image of LE BYBLOS SAS or its Intellectual Property Rights;
File or cause to be filed, in France or abroad, a Trademark and/or any other sign likely to lead to confusion with the Trademarks or any other Intellectual Property Right of the company LE BYBLOS SAS or which consists of a translation into a foreign language.
Register or have registered, acquire or cause to be acquired and more generally use a domain name or a hypertext link containing all or part of the Trademarks or Intellectual Property Rights of the company LE BYBLOS SAS, likely to create a risk of confusion with these here, except with the prior written agreement of the company LE BYBLOS SAS and exclusively to sell and promote the Products in accordance with these general conditions of sale.
All comments, images, illustrations on our site are exclusively reserved for us. Under intellectual property and copyright, any use is prohibited except for private use. Without prior authorization, any reproduction of our site, whether partial or total, is strictly prohibited.

–

ARTICLE 13: Liability

In accordance with article 1147 of the Civil Code, we engage our contractual liability as of right towards you in the event of non-performance or poor performance of the contract concluded.
However, our contractual liability cannot be engaged in the situations mentioned below:
– non-performance or poor performance of the contract which would be attributable to you;
– unforeseeable and insurmountable event of a third party unrelated to the provision of the services provided for in the contract,
– a case of force majeure.
Thus, the responsibility of the company LE BYBLOS SAS can in no case be engaged in the event of delay or suspension of delivery attributable to the CUSTOMER or in the event of force majeure, fortuitous events or similar, as defined by article 1218 of the Civil Code and the case law of the French courts, including in particular strikes, supply difficulties, governmental or administrative decisions, fires, floods, epidemics, restrictions on market access, embargoes, strikes, severe weather, etc.
The photographs / illustrations / images of the products presented correspond to the products offered for sale on our site. For the sake of transparency, we inform you that they are made for promotional purposes and that they may in these circumstances be subject to alterations. Consequently, it is possible that the product purchased differs slightly from that initially presented on the site (size, color tones, series, etc.), which cannot engage our responsibility. Under no circumstances is the quality aspect of the product concerned questioned. Any clarification may be provided to you by our “Personal Shopper” in the event of a question on your part.

–

ARTICLE 14: Personal data

Certain information relating to the customer will be transmitted to the seller (namely the surname, first name, address, postal code and telephone number) in order to allow the processing and delivery of the products ordered.
The site provides the customer with the collection and processing of personal information in respect of privacy in accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms.
Under articles 39 and 40 of the law dated January 6, 1978, the customer has a right of access, rectification, deletion and opposition of his personal data. The customer exercises this right via a contact form by email: guestrelation@byblos.com, by post Hotel Byblos, 20 avenue Paul Signac, 83990 Saint-Tropez, France
The company LE BYBLOS SAS takes care to strictly respect the protection of the personal data communicated by the Customer (hereinafter the personal data) and undertakes in this respect to ensure the confidentiality of the personal data transmitted to it.
These stipulations are therefore intended to inform the Customer:
the use of personal data (Article 15.1);
the way in which the Customer will be able to access the personal data kept by the company LE BYBLOS SAS, request their modification, deletion or withdrawal and know to whom the company LE BYBLOS SAS may disclose them (Article 15.2);
the security measures put in place by LE BYBLOS SAS to protect the confidentiality of personal data (Article 15.3).
14.1: Use of personal data
14.1.1 In accordance with article 5 a) of the “General Data Protection Regulation” n°2016/679 of April 27, 2016, LE BYBLOS SAS acknowledges that the Customer’s personal data will be subject to lawful, fair and transparent processing.
In accordance with article 15 of the “General Data Protection Regulation” n°2016/679 of April 27, 2016, each Party guarantees that it provides the person concerned with all the information requested concerning the processing of personal data.
Personal data is collected and processed by the company LE BYBLOS SAS for the purpose of implementing the processing and delivery of the products ordered.
The data collected is also intended to put the Customer in touch with the members and business partners of LE BYBLOS SAS for the purposes of presenting commercial offers, statistics, commercial prospecting and/or marketing studies.
LE BYBLOS SAS may also use personal data to send the Customer information about its services and offers by email or letter.
LE BYBLOS SAS undertakes that the personal data transmitted by the Customer will not be subject to further processing, which would be incompatible with the aforementioned purposes.
14.2: access to personal data by the Customer
14.2.1 LE BYBLOS SAS may disclose the Customer’s personal data to legally authorized bodies and authorities when said disclosure is necessary, required or authorized by law or when LE BYBLOS SAS deems it necessary for the purposes of satisfying legal and regulatory requirements or in order to defend the rights or those of its employees, customers or any other person.

LE BYBLOS SAS will be authorized to transmit the Customer’s personal data to third parties in the event of an assignment, transfer of assets, reorganization or liquidation.

To this end, the Company LE BYBLOS SAS will then notify the Customer if his personal data will be the subject of a confidentiality policy separate from that of the present one.

14.2.2 The company LE BYBLOS SAS may communicate the personal data collected from the Customer to third parties with whom it maintains contractual relations of subcontracting essential for the provision of its Services, such as agents and business partners required to process requests. client.

Unless expressly agreed by the Customer when collecting personal data, LE BYBLOS SAS cannot transmit said data to its Business Partners for prospecting purposes, in particular by electronic, telephone or postal means.

14.2.3 In accordance with article 32 of law n°78-17 of January 6, 1978 “relating to data processing, files and freedoms”, the Customer has the right to access, rectify, deletion and opposition and withdrawal of his consent without affecting the legality of the processing relating to the data concerning him.

In accordance with articles 13, 14, 16, 17 and 21 of the “General Data Protection Regulation” n°2016/679 of April 27, 2016, the company LE BYBLOS SAS acknowledges that the customer has a right of access, rectification, erasure or opposition to its use of personal data.

To exercise his rights, the USER must send a written request accompanied by a copy of a valid identity document to the following address:

Company LE BYBLOS SAS, with a share capital of €2,000,000.00, whose registered office is located at 20 avenue Paul Signac, 83990 Saint-Tropez – France or by email: guestrelation@byblos.com

The Customer also has the right to lodge a complaint with the supervisory authority of his choice and in particular with the Commission Informatique et Libertés located at 3 place Fontenoy – 75007 Paris, if he considers that one of his rights has is subject to a data processing violation.

14.2.4 The Customer may be subject to automated data processing intended to draw up a standard commercial profile used by the company LE BYBLOS SAS.

In such a case, the Customer may, upon express request, request “human” intervention in the processing of information and oppose the decision of automated data processing implemented by the company LE BYBLOS SAS.

The Customer may also obtain, on express request, any information that he deems useful concerning the operation of the algorithm making up the automated processing and question the company LE BYBLOS SAS on the effects of such processing on the data collected.

14.2.5 In accordance with article 32, 8° of law n°78-17 of January 6, 1978 “relating to data processing, files and freedoms”, the company LE BYBLOS SAS will keep personal data only for the duration strictly necessary for the performance of the Services for the benefit of the Customer on the Site and will not in any case exceed the duration of 2 (two) years from the date of their collection.

At the end of the aforementioned period, all of the Customer’s personal data will be immediately and definitively destroyed.

14.2.6 The Customer is informed that all personal data is sent and stored with the host of the Site whose servers are located in France, whose contact details appear on the site under the heading “Legal Notices”.

In accordance with the provisions of Article L.121-34 of the Consumer Code, the USER may at any time register on the list of opposition to canvassing by going to the following address: http:// www.bloctel.gouv.fr/

–

14.3: Security measures

14. 3.1 In accordance with article 5 f) of the “General Regulations on Data Protection” n°2016/679 of April 27, 2016, the company LE BYBLOS SAS acknowledges that the personal data transmitted by the customer are processed in such a way as to guarantee it appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

14.3.2 In accordance with article 30 of the “General Data Protection Regulation” n°2016/679 of April 27, 2016, the company LE BYBLOS SAS keeps a register delimiting all the data collected, their purpose, the category of persons concerned as well as a description of the related security measures which will be updated and made available to the Commission Informatique et Libertés.

–

ARTICLE 15: Competent jurisdiction and applicable law

In the event of a dispute between the consumer client and our company, the applicable law is French law.
These General Conditions of Sale are governed and interpreted in accordance with French law and are written in French.
In the event of a dispute related to the use of the Site, you have the option of resorting to a conventional mediation procedure or any other procedure for alternative dispute resolution.

In the event of a dispute, and failure of the prior mediation measure, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000 concerning jurisdiction, recognition and enforcement of decisions in civil and commercial matters under of Article R631-3 of the Consumer Code (version in force since July 01, 2016) you can enter:

– either the Judicial Court of Fréjus,

– or the court of the place where you are domiciled at the time of the conclusion of the contract or the occurrence of the harmful event.

The company LE BYBLOS SAS, may seize the court of the place where you are domiciled.
LE BYBLOS SAS reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.

–

ARTICLE 16: Disputes – Mediation

In the event of a dispute related to the application and/or interpretation of these General Conditions of Sale, you have the possibility of contacting our Customer Service, by email at guestrelation@byblos.com
You can also use a conventional mediation procedure or any other alternative dispute resolution procedure.

Our establishment is a member of the UMIH (Union des Métiers de l’Industrie Hôtelière: https://umih.fr/fr/dossiers/reglementation/mediation/index.html) which has chosen to join the Mediation of Tourism and of Travel (MTV). You can therefore contact the Tourism and Travel Mediator online, on the site www.service-public.fr. The process is free, but must be preceded by a written complaint to the professional concerned.

Alternatively, in accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – Center for Mediation and Arbitration of Paris.
In this case, you can also complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” send your request by simple or registered mail to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt , 75008 PARIS, or send an email to consumption@cmap.fr.

Whatever the means used to contact the mediator, your request must contain the following elements to be processed quickly: your postal, email and telephone details as well as the full name and address of our company, a brief statement of the facts, and the proof of prior procedures with our company.

In the event of a dispute related to the execution of an order, if you are an end consumer who is a natural person, you have the option of having free recourse to a conventional mediation procedure or to any other alternative dispute resolution procedure. You can, if you wish, use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism which does not constitute a prerequisite for the exercise of a legal action.

–

APPENDIX (to article R. 121-2) – INFORMATION CONCERNING THE EXERCISE OF THE RIGH OF WITHDRAWAL