V.1.3 - 24/11/2023
Preamble
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between BELTHIN and any non-trading individual ("You") wishing to make a purchase on BELTHIN's merchant site, named www.BelThin.com.
The www.BelThin.com website is a service of:
- The BELTHIN company
- located 20 Les Courcettes 06220 Vallauris, FRANCE
- site URL: www.BelThin.com
- e-mail: contact@BelThin.com
The following General Terms and Conditions of Sale have been drawn up to inform potential consumers of the terms and conditions under which the purchase, sale and delivery of all products offered by the company on its website take place. These General Conditions of Sale also determine the rights and obligations that sellers and consumers must respect in order for transactions to take place under the best possible conditions.
Any order placed on the www.BelThin.com website therefore implies that the buyer acknowledges having read and accepted the Terms and Conditions of Sale.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales through our resellers or by means of other distribution and marketing channels. They are available on the BelThin.com website and shall prevail, where applicable, over any other version or any other contradictory document. These Terms and Conditions exclusively govern your relationship with BELTHIN. BELTHIN reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies have their headquarters in France.
1. CHARACTERISTICS OF THE PROPERTY OFFERED:
The products offered for sale are those listed in the online store on the BelThin.com website.
Each product is accompanied by non-contractual descriptions and photographs. The photographs and descriptions of the products in the catalog are as faithful as possible to reality, but can in no way ensure a perfect similarity with the product offered, particularly with regard to colors. As a result, BELTHIN cannot be held responsible for any errors or omissions in any of the texts, photographs or graphics relating to the product, nor for any modification of the product's characteristics by the manufacturer.
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2. PRICES:
2.1 Product pricing
The products remain the property of the BELTHIN Company until full payment of the price.
Any special requests from professionals, works councils or other organizations can be processed once an initial electronic or telephone contact has been made.
For any question related to the price of our products, there is an email address: contact@BelThin.com.
2.1.1 Products
Prices of our products are indicated in euros (VAT exempt - "TVA non applicable, art. 293 B du CGI"), excluding shipping and delivery charges for orders to be delivered in Metropolitan France.
For all products shipped outside the European Community and French overseas departments and territories, customs duties and/or other local taxes or import duties or state taxes will then be requested by the local administrative bodies of the place of delivery. These duties and taxes are not the responsibility of BELTHIN. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and/or competent bodies of various countries.
2.2 Conditions of our offers
2.2.1. Current offers on the site
The offers on the BelThin.com site detailed below are automatically applied to the basket when you add the relevant products.
If you add these products to your basket, select the relevant products to take advantage of the current promotion.
Any promo code from a partner (coupon site or other) cannot be combined with the current offer on the website.
2.2.1.1. Offer
- From 2 BelThin belts purchased, a 25.5 €uros discount will be automatically applied on all BelThin belts purchased.
- These offers cannot be combined with promotional offers already available on the site
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2.3 Partner offers
You can benefit from the partner offer by entering the promo code indicated in your basket. This offer may not be combined with the offers mentioned above.
3. ORDERS:
3.1. Order details
You acknowledge that you have the legal capacity to place an order and that you are over 18 years of age.
The electronic confirmation of the order implies, for you, acceptance of these General Terms and Conditions of Sale, the recognition of having perfect knowledge of them and the renunciation to prevail yourself of your own conditions of purchase or other conditions. your commitment is then considered as being firm and definitive.
All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and your acceptance of the operations carried out.
BELTHIN will communicate by e-mail confirmation of the order recorded.
You can track your order on the site by clicking on "My Account" and creating an account with the email used for the order.
4. PAYMENT TERMS:
Payment for the products and any shipping costs associated with the order are due in full when the order is placed to validate its acceptance by BELTHIN.
Payment is expressed in euros (VAT exemption - "TVA non applicable, art. 293 B du CGI").
At your request, we will send you a paper or digital invoice showing payment details
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For orders outside France, you will have to pay the VAT relating to your country of your own accord if it is not automatically requested by the customs services in your country.
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The BELTHIN Company cannot be held responsible for the non payment of this tax or of any tax related to a shipment outside France between its customers and the customs services of their countries.
The customer can make payments:
- By PayPal in 4x free of charge
Payment for an order may be outstanding at any time up to 120 days from the date the order was placed. As a result, BELTHIN reserves the right, at its sole discretion, not to dispatch a parcel whose payment, IP address or delivery address might appear dubious or dangerous for its own account or that of a third party.
The BELTHIN Company will then have no indemnity or compensation of any kind to pay since the safety of its own customers, suppliers and service providers is at stake.
5. DELIVERY: (see delivery page)
5.1 Delivery times and availability
Product delivery takes 24 hours to 4 working days in mainland France. We will send products the same day if you order before 10am or 11am for Express transport. We also deliver from France to Europe and outside Europe, delivery times vary according to local service providers from 24h to 7 days.
5.2 Delivery rates:
The prices shown for products on the Website are all-inclusive prices (exempt from VAT - "TVA non applicable, art. 293 B du CGI"), unless you are logged in to an account whose delivery address is outside the European Union. In the latter case, the price displayed is the price excluding taxes.
Delivery is free of customs duties.
5.3 Transport:
The risks are borne by the purchaser from the moment when the products have left the premises of the seller or its carrier as well as when the customer returns his product to the seller.
The BELTHIN carrier delivers to the address indicated in the order.
BELTHIN ensures that products are suitably protected for transport. However, it is important at the time of delivery of your order to open the package and check the product(s) before signing the delivery note. If one or more products in the order have been damaged during transport, you may either refuse delivery of the damaged products by noting "Refusal for damage" on the delivery note, or make handwritten, dated and signed reservations on the transport note or with the carrier, depending on the mode of transport used. Please note that the words "Subject to unpacking" are not valid in the event of a dispute.
He must also contact BELTHIN, within 24 H via email at contact@BelThin.com. After verification, BELTHIN will send you a return number and the procedure to follow by e-mail.
The product must be returned by the customer in its original packaging, intact and sealed. A photocopy of the invoice must be enclosed with the product, and the returns number marked on the transport packaging.
BELTHIN will deliver at its expense the replacement product within the limit of available stocks after return of the damaged product. The cost of returning the damaged product will be reimbursed to the customer upon proof of payment.
BELTHIN will not accept returned products if a return number has not been provided.
6. PRODUCT RETURNS
6.1 Exercising the right of withdrawal
You have a right of withdrawal of one hundred (30) calendar days from the date of delivery of the order, i.e. sixteen (16) additional days compared to the legal withdrawal period.
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6.2 Consequences of exercising the statutory right of withdrawal
By exercising your right of withdrawal within the time limits and procedures for returning products, you will be able to obtain a refund for returned products. On the other hand, for orders made outside the European Union and for which customs duties have been charged, BELTHIN will not reimburse customs duties.
6.2.1. Back
The product must be returned in its original packaging, clean and in perfect condition.
You will be refunded the unit amount of the returned product. If you have benefited from a discount on "the 2nd product purchased" and you request a refund on a single item, you will no longer benefit from this discount since the "2nd product purchased" will have been returned. The refund will then be based on the price of the pack deducted from the full price of the product kept. The promotion you benefited from is therefore not applicable on a single product.
6.3 Return shipping costs
Return shipping is at your expense.
6.4 Terms and conditions for exercising the statutory right of withdrawal and the contractual right of withdrawal
You or, where applicable, the recipient of the Order, must inform BELTHIN of your wish to withdraw by contacting BELTHIN's customer service department within thirty (30) days of delivery of the product by e-mail at the following address: contact@BelThin.com.
6.5 General provisions applicable to all return methods
Products must be returned clean, in their original packaging and in good condition to BELTHIN, no later than thirty (30) days following their delivery date. Products returned after this thirty (30) day period will not be accepted.
6.6 Exchange
You also have the option of requesting a product exchange within thirty (30) days from the date of delivery of your order.
6.7 Special case of cover manufacturing defect
Any manufacturing defect must be reported within 30 days of product delivery, by writing to contact@BelThin.com with proof of purchase as well as photos regarding the problem in question. This entitles you to a replacement.
6.8 Special case of a product missing on delivery or delivery not conforming to the order
If you notice that a product is missing on delivery by the carrier, you must contact BELTHIN within 48 working hours of delivery with your order number. BELTHIN will then deliver the missing product as quickly as possible at no extra cost or will exchange the product if the delivery does not conform to the order.
To proceed with the exchange, you must contact BELTHIN:
- or, for missing products, by e-mail to contact@BelThin.com, provided with its order number
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- or, for products not delivered as ordered, by e-mail to contact@BelThin.com, quoting your order number. You can then request a returns number, indicating the product you wish to return and the reason for the return. After verification, BELTHIN will email you a returns number and the procedure to follow. The product must be returned in its original, undamaged and sealed packaging. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging. The cost of returning this item will be reimbursed upon presentation of proof, and the product that had not been delivered in accordance with the order will be delivered to you without additional shipping costs.
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7. CANCELLATION:
You can request the cancellation of the transaction as long as the order has not been sent by BELTHIN.
8. DEFECTIVE PRODUCTS:
If the items you have ordered have a defect or do not correspond to the description as given on the Website, we thank you for contacting us as soon as possible at contact@BelThin.com providing us with proof of purchase as well as photos regarding the problem in question. Please return any faulty products to us, and we will either replace them if they are available, or refund you in full upon receipt of the returned products. No refunds will be offered outside the 30-day trial period.
9. YOUR PERSONAL DATA
The personal information that you may provide to us by using our site is collected and used in accordance with the conditions of protection on personal data that are accessible on one of the tabs at the bottom of the site.
10. RESPONSIBILITY:
If for any reason one of these General Terms and Conditions of Sale should be declared inapplicable, such inapplicability shall not affect the application of the other provisions of the General Terms and Conditions; the one deemed inapplicable shall then be replaced by the closest possible provision.
BELTHIN, in the process of selling online, is bound only by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as data loss, intrusion, virus, break in service, or other problems beyond the control of BELTHIN.
The seller's liability is limited to the amount of the purchase made by the purchaser. BELTHIN cannot be held responsible in the event of stock shortages or delays in delivery by its suppliers.
Under no circumstances shall BELTHIN be liable for any damages whatsoever, direct or indirect, caused to the user or a third party, resulting in particular from malfunction, failure, loss of earnings, loss of data, loss of profits, operating loss, loss of software, deterioration or loss of equipment by the user or a third party.
BELTHIN does not assume compensation for direct and indirect, material or immaterial damages that may result from the above exhaustively stated damages. Nor does BELTHIN assume the costs of recovery, reproduction or repair of such loss or damage.
BELTHIN cannot be held responsible for any input errors made by the customer during the order process resulting in delivery errors or delays.
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11. RESERVATION OF TITLE CLAUSE:
Goods remain the property of BELTHIN until payment in full.
12. FORCE MAJEURE:
In the event of force majeure as defined by the case law of the French courts, making it impossible for either party to perform its obligations, the respective obligations of the parties will first be suspended for the duration of its existence, excluding however the obligations stipulated in article 12 "Intellectual Property".
If this suspension lasts for more than 30 days, the contract may be terminated by either party by registered letter with acknowledgement of receipt. BELTHIN and the co-contractor, will then no longer be bound to respect their obligations with the exception of those resulting from article 12 "Intellectual property" without any compensation on any grounds whatsoever, being due on either side.
Each party shall not be held liable for any breach of its obligations resulting from a case of force majeure or fortuitous event within the meaning of article 1218 of the French Civil Code and the case law of the French Supreme Court. The parties hereby recognize the following as cases of force majeure or fortuitous events: "total or partial strikes outside the service provider's control, export bans, changes in regulations applicable to the supply of services, blockage of means of transport, fire, lightning and flooding".
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13. INTELECTUAL PROPERTY:
All elements of the www.BelThin.com website are and remain the exclusive intellectual property of BELTHIN.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site www.BelThin.com, software, visual or sound.
Any simple link or hypertext link is strictly forbidden without the express written consent of BELTHIN and BELTHIN cannot be held responsible in the event that the content of the sites to which a reference is proposed with hypertext links does not comply with the legal and regulatory provisions in force.
14. ARCHIVES - PROOF:
The computerized registers, kept in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
The archiving of order forms, order confirmations and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with articles 1353 to 1386-1 of the Civil Code.
The computerized records of the seller will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
15. CONFIDENTIALITY OF FINANCIAL INFORMATION:
Payment information is not stored by our website.
16. SETTLEMENT OF DISPUTES:
These online General Terms and Conditions of Sale are subject to French law and more particularly to the regulations governing distance selling (Articles L. 221-1 et seq. of the French Consumer Code), Directive 97/7 EC of May 20, 1997 on the protection of consumers in respect of distance selling, and the Law of August 1, 2000.
For the resolution of any disputes concerning the sales contract, the parties have the option of referring, by mutual agreement, to arbitration.
In the event of a dispute, you should contact the BELTHIN company by e-mail at the following address: contact@BelThin.com
Failing an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint addressed to the professional.
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The consumer ombudsman should be contacted:
- or by completing the form provided on the AME CONSO website: www.mediationconso-ame.com
- or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.
These terms and conditions are governed by French law and are subject to the exclusive jurisdiction of the French courts. The language of the contract is French; any version available in a foreign language on the site is for information purposes only. Likewise, this site may be translated into various languages to facilitate navigation for non-French-speaking users wishing to order on the site.
17. LEGAL WARRANTY
17.1 Legal warranty of conformity
BELTHIN guarantees the conformity of the goods sold with the contract.
The legal warranty allows you to make a claim in accordance with Articles L. 217-3 et seq. of the French Consumer Code.
In the event of a claim under the legal warranty of conformity, please note that:
- you have a period of 2 years from delivery of the good to take action;
- you can choose between repair or replacement of the good, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;
- you do not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of used goods), following the delivery of the good.
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17.2 Legal warranty for hidden defects
In accordance with articles 1641 et seq. of the French Civil Code, BELTHIN is liable for any hidden defects in the goods sold. It is up to you to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect. You can choose between rescission of the sale or a reduction in the price in accordance with article 1644 of the French Civil Code.
18. PRODUCT WARRANTY
In addition to the warranties of conformity and latent defects, BELTHIN guarantees its products for 2 years under normal conditions of use.
This warranty is not transferable and covers you only if you are the original purchaser and current owner of the product.
No refunds will be made under the warranty, which entitles you to a repair or possibly an exchange. In order to process the warranty claim, you are asked to make your claim by email to contact@BelThin.com indicating your order number, describing precisely the problem encountered and providing photos concerning the product in question.
This warranty begins on the date of order. Replacement of the defective product does not extend the initial duration of your warranty.
The warranty does not cover:
- Defects due to improper handling
- Normal and natural wear and tear of materials
- Above-average wear and tear and any use of the product beyond its intended use
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- Situations likely to cause deterioration or damage
- Damage caused by damp or mildew
- Tears, stains, odors, staining or discoloration of materials, soiling, burns, any impregnation of liquids that occur over time
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- Minor imperfections and slight cosmetic flaws
- Wear caused by washing such as pilling, shrinking or tearing of the product due to machine washing or drying or incorrect methods or products
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- Contamination by fleas, bedbugs or other parasites
- Defects resulting from force majeure or a natural phenomenon beyond our control, including, without limitation, fire, flood or natural disaster
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