Article 1 – Application
The present general conditions of sale apply to all sales concluded by Internet on the site www.blackpearl-créations.fr, site edited by Guy Margueritain Black Pearl Creations (BPC) registered at the Chamber of Trades and Crafts of Marseille under the n° 484 390 620 00025 and whose registered office is 20, Impasse Bois Lemaitre - 13012 Marseille France, and concern the following products :
Article 2 – Application of the general terms and conditions of sale - enforceability of the general terms and conditions of sale
The GTC are published on the site and can be freely consulted by each buyer to enable him to place an order.
Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these General Terms and Conditions of Sale.
No particular condition may, unless formally and in writing accepted by BPC, prevail over these GTC.
Any contrary condition opposed by the buyer shall therefore, in the absence of express acceptance, be unenforceable against BPC, regardless of when it may have been brought to its attention.
The modifications of these General Terms and Conditions of Sale are opposable to the Buyers from the moment they are put online and cannot be applied to transactions concluded previously.
Article 3 – Orders
3.1 Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of 13 March 2000 and will be worth :
3.2 Validation - Order confirmation
3.2.1 Final validation of the order
After having read the status of his order, accepted by clicking in the indicated place and once all the information requested has been completed, the Buyer will click on the chosen payment method to confirm his order definitively.
As soon as he validates his payment, the order is registered and becomes irrevocable.
The order form will be recorded on the computer registers of the BPC site, themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the parties.
3.2.2 Order confirmation
Once he has validated his payment method (if applicable with the provision of his card number and expiry date), a summary of the Buyer's order will be displayed and will mention in particular the number of the transaction.
This summary will also be sent to him by e-mail, at the latest upon delivery of the products, to the e-mail address indicated by him at the time of the order, or, failing this, to the address indicated by the buyer on the order form.
This confirmation will include all the elements of the contract between the parties.
Article 4 – Delivery
4.1 Terms and Conditions
Shipment will be made only after confirmation of payment by BPC's bank.
4.2 Time limits
BPC is authorized to make deliveries in whole or in part.
The products acquired by the Buyer will be delivered within a period ranging from 72 hours to a maximum of 7 (seven) days to the address indicated by the Buyer when ordering on the BPC website. BPC undertakes to do its best to deliver the products ordered by the Buyer within the above-mentioned time limits. However, these deadlines are given for information only and any delay will not give rise to any damages, withholding or cancellation of the order by the customer.
Delivery is deemed to be made as soon as the products ordered by BPC are handed over to the carrier. The customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against BPC in the event of non-delivery of the goods transported.
Delivery on time can only take place if the buyer is up to date with his obligations towards BPC, whatever the cause.
4.3 Transport costs
The price paid by the buyer when ordering online includes shipping and packaging.
Article 5 - Transfer of ownership - Transfer of risks
The buyer is obliged to check the condition of the products upon delivery.
In the absence of reservations or complaints concerning apparent defects or the non-conformity of the products delivered with the order, expressly made and formulated by the Buyer, in writing and within seventy-two (72) hours of delivery, the products delivered by BPC will be deemed to conform in quantity and quality to the order (without apparent defects).
The Buyer shall attach to its reservations or claims all the supporting documents relating thereto.
No complaint will be validly accepted in the event of non-compliance with these formalities and deadlines by the Buyer.
The Seller will replace as soon as possible and at its own expense, the delivered products whose apparent defects and/or lack of conformity have been duly proven by the Buyer.
Article 6 – Right of withdrawal
The buyer, when he is a consumer or a non-professional, has a period of seven (7) clear days to exercise his right of withdrawal without having to justify the reason or pay any penalties (except for personalised or 'made-to-measure' items).
This period starts from the day of receipt of the order.
The goods must be returned in the state in which BPC had them delivered.
If the above conditions are met, the Buyer will be refunded, with the exception of the initial shipping and return costs which remain the responsibility of the Buyer, within a maximum of thirty (30) days from the receipt of the package by the Seller.
Article 7 – Return Policy
Returned goods must be returned in the condition in which the supplier delivered. We strongly recommend shipping with a tracking number, otherwise BPC cannot be held responsible for non-receipt.
Article 8 – Responsabilité du Vendeur – Garantie
All products supplied by BPC benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, BPC undertakes, at the Customer's choice, to reimburse or exchange the defective products or those that do not correspond to the order.
In contracts concluded with non-professionals or consumers, the legal guarantee of hidden defects of the item sold applies.
To benefit from the guarantee, any product must first be submitted to BPC's after-sales service, whose agreement is indispensable for any replacement.
The guarantee does not apply to apparent defects, known and identified by the buyer at the time of order and purchase.
Also excluded are defects and deterioration caused by external accident, normal wear and tear due to ageing or by a modification of the product not foreseen or specified by BPC.
Article 9 – Price
The products are supplied at the price in force at the time the order is placed.
The prices are indicated in Euro or Dollar.
Prices are inclusive of all taxes unless otherwise indicated.
Any tax, levy or other service to be paid in application of Foreign regulations are the responsibility of the buyer.
The prices indicated do not include postage and packing which will be invoiced in addition and will be specified to the buyer during the final validation of his order and which may vary according to the buyer's geographical area.
Article 10 – Terms of payment
10.1 Terms and Conditions
The amount due by the buyer is the amount indicated on the order confirmation sent by e-mail by the Seller.
The Buyer will have the choice during the validation of his order between different payment methods.
Unless otherwise agreed, or unavailability of the server, payments will be made under the following conditions:
Confidential data (16-digit bank card number, expiry date, CVX code) are transmitted directly encrypted on the bank's server without ever passing through the physical media of the GCP server. Our responsibility cannot be engaged on this point.
In any case, BPC reserves the right to refuse any order or delivery in the following cases:
10.2 Default of payment
In the event of non-payment, forty-eight hours after formal notice has been given and has remained unsuccessful, the sale will be cancelled by right. BPC reserves the right to request, in summary proceedings, the return of the products, without prejudice to any damages.
The resolution will affect not only the order in question but also all previous unpaid orders, whether they have been delivered or are being delivered and whether or not their payment is due or not.
The Buyer shall reimburse all costs incurred in the contentious recovery of the sums due.
Under no circumstances may payments be suspended or be subject to any compensation whatsoever without the prior written agreement of BPC.
Any partial payment will be charged firstly to the non-preferred part of the debt and then to the sums which are the oldest due.
The seller does not intend to grant any discount for cash payment or at a date prior to that resulting from the General Terms and Conditions of Sale.
10.3 Warranty requirement
Any deterioration in the buyer's credit may justify the requirement of guarantees before the execution of the orders received.
Article 11. Data processing and liberties
11.1 Personal information
The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the establishment of invoices.
This information is strictly confidential.
The lack of information implies the automatic rejection of the order.
In accordance with the law of 6 January 1978 relating to data processing, files and liberties, this website has been declared to the Commission Nationale Informatique et Libertés (CNIL), which issued a receipt under number 1982555 v0.
In accordance with Article 34 of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the user has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the user may contact us.
In any case, the buyer will make sure to recall his name and/or his registered office and, if necessary, his buyer number.
A cookie is a computer file, stored on the hard disk of the User's computer, whose purpose is to indicate a previous visit by the User to the Site.
Cookies are only used by BPC in order to personalise the service offered to the User.
The User retains the possibility of refusing cookies by configuring his Internet browser.
He then loses the possibility of personalizing the service delivered to him via the Site.
Article 12. Miscellaneous Stipulations
12.1. Partial non-validation
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
12.2. Entire contract
The present General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In the event of contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
12.3. Applicable law - Litigation
By express agreement between the parties, this contract is governed and subject to French law.
In the event of litigation or complaint, the purchaser will address in priority to BPC to obtain an amicable solution.
All disputes to which the present contract may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences will be submitted to the competent courts under the conditions of common law.
In the event of a dispute with professionals and/or merchants, the Commercial Court of Marseilles will be competent.
Article 13. Intellectual Property Rights
All the products on our site are original creations and are protected by copyright.
The contents of the site (texts, articles, photos...) are the exclusive property of BPC and may not be reproduced or exploited without prior agreement.
No transfer of intellectual property rights is carried out through the present GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.