Terms and Conditions of Sale and Use
GENERAL TERMS AND CONDITIONS OF SALE
CONSUMER CLIENT
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the company.
1.2 Any Order placed on the website www.Bees3.com implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GTC therefore form an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client who declares to have read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by an adult individual acting as a consumer. The Client therefore certifies that they are an individual over 18 years of age, acting for purposes that are outside the scope of their commercial, industrial, craft, liberal, or agricultural activity. They acknowledge having full capacity to enter into a commitment when placing an Order and undertake to provide truthful information regarding their identity.
1.4 EXCLUSION: Persons acting as professionals, i.e., natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including if they act on behalf of or for another professional, are expressly excluded from the scope of these GTC. Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: www.Bees3.com and can be downloaded in PDF format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Placement Process
To purchase one or more Products on the site, the Client selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (1st click).
At this stage, the Client is redirected to a page containing:
A summary of the selected Products, corresponding prices, delivery terms and costs. It is then up to them to check and, if necessary, correct the content of their cart.
These GTC: it is up to them to read them carefully before validating the entire Order.
This validation of the Order after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Client acknowledges that the 2nd click entails a payment obligation on their part.
The Client is then redirected to the payment page. They can choose between the different payment methods offered and proceed with the payment of their Order.
After validating their Order and making their payment, the Client receives a confirmation message from the Company to the e-mail address they provided when creating their account. This message contains, in PDF format:
A summary of their order (selected Products, prices, delivery terms and costs);
The Order number;
The terms, conditions, and withdrawal form;
These GTC in PDF format.
In case of non-receipt of the Order confirmation, the Client is advised to contact the Company via the contact form on the site.
The Client then receives a purchase invoice transmitted electronically, which the Client expressly accepts.
It is strongly recommended that the Client keep this confirmation message and the purchase invoice, which is also sent to them in electronic format, as these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including, for example:
Order not compliant with the GTC;
Ordered quantities not corresponding to normal use by a consumer Client;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of converging evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company's websites, as well as, where applicable, information on the use of the product.
While the Company makes reasonable efforts to ensure that the Specifications are accurate, said Specifications, with certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company disclaims all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer, the Products and their prices are specified on the Company's websites.
3.2 Product Availability
Product offers are valid within the limits of stock available from our suppliers. This product availability is normally indicated on the specific product page.
However, since the Company does not reserve stock (except in particular cases of Products indicated as pre-order on the Product sheet), adding a Product to the cart does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the Client's Order has been validated, the Company will immediately inform them by email. The Order will be automatically cancelled and the Company will proceed with the refund of the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Client and the delivery costs will not be refunded.
Article 4 – PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, manufacturer, or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of retailers is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the product description pages. They are indicated excluding taxes, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The ordered Products will be invoiced on the basis of the price in force on the site at the time of validation of the Order.
4.3 Product prices
Since many Products are imported from abroad (outside the European Union) at the request of Clients, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise specified. They are precisely determined on the product description pages. They are also indicated in Euros excluding taxes (excluding VAT and customs duties), unless otherwise specified, on the product order page, and excluding specific shipping costs.
Product prices do not include import VAT, import taxes or customs duties, which must be paid separately and will be entirely borne by the Client, who is liable for these taxes as the recipient of the Product.
Product prices do not include packaging, conditioning, shipping, transport, insurance and delivery costs of the Product(s) to the delivery address.
4.4 Payment of taxes
The Client is solely responsible for the process of declaring and paying import VAT during the customs clearance of the Product. They may be asked to pay import VAT. Since this tax is not within the Company's responsibility, the Company cannot be held liable for the reimbursement of this tax.
For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.
They will be borne by the Client and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF PRODUCT PRICES
5.1 Time of payment
The full price of the Order must be paid immediately after the Order is validated.
The Company may, exceptionally, grant payment in several installments, particularly in view of the amount to be paid and its knowledge of the Client concerned. However, the Company has no obligation to grant such payment terms. In a special situation, the Client may make a request by contacting the Company's Customer Service at Contact@Beefree.com
5.2 Payment methods
To pay for their Order, the Client can choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that they have the necessary authorizations to pay with the bank card used. They expressly acknowledge that the commitment to pay by card is irrevocable and that the communication of their bank card number constitutes authorization to debit their account for the total amount corresponding to the ordered Products. The amount will be debited at the time of Order validation.
Payments by bank card are made via a secure payment platform, and the bank card information communicated benefits from the SSL encryption process.
Payment via Paypal:
Payment by Paypal is accepted up to a limit of €1,000.
It is pointed out that in the event of recourse to this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these GTC.
Payment by vouchers and/or promo codes:
Vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempted fraudulent use of vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the used service or in the event of a dispute with a Client concerning a previous Order.
The Company reserves the right to set up an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Client may be asked to send the Company a copy of an identity document, proof of address, and a copy of the bank card used for payment by email or post. Precise instructions on the exact content of the requested information (to preserve the confidentiality of their data) will be communicated to the Client in case of verification. The order will only be validated after receipt and verification of the sent documents.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validating the Order, the Company provides the Client with information concerning the different delivery methods and their respective rates. Following the Client's choice of delivery method, the Company provides an estimated delivery time.
The Company will make every effort to ensure that the Product(s) are delivered by the scheduled delivery date at the latest. In case of difficulty, the Company undertakes to communicate promptly with the Client to inform them and find an adequate solution together.
Air transport, shipping and/or delivery of the Product(s) will be entirely borne by the Client ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Client when placing the Order. However, any customs fees are not included in the price invoiced to the Client by the Company.
Depending on the methods chosen by the Client, delivery will be made either to the address specified by the Client or, if applicable, to a relay point chosen by the Client from the list of available points. It is therefore up to the Client to carefully check the information provided for delivery, as they remain solely responsible in case of delivery failure due to incomplete or erroneous information.
6.2 Customs Clearance
When purchasing, the Client buys the product excluding taxes and becomes the importer of the purchased product in their capacity as the recipient of the Product.
They are therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the price of their order, they may be required to pay customs duties.
The Client is solely responsible for the process of declaring customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Client by the Company, are not within the Company's responsibility. The latter cannot therefore be held liable for the reimbursement of these duties.
6.3. Receipt
Upon receipt of the Product, the Client undertakes to verify that the Product is complete and undamaged.
In the event of an anomaly, the Client must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed out of time cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Client has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for several Products, the period runs from the receipt of the last Product.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and shipping costs will be reimbursed, with return shipping costs remaining the responsibility of the Client.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
Supply of goods manufactured according to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
Supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 Terms for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must inform the Company of their intention to withdraw either by filling out the standard form, a model of which is provided below, or by sending an unambiguous declaration expressing their intention to withdraw within the 14-day period mentioned above.
Standard withdrawal form template:
I, the undersigned, ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Order and receipt date:
Order number:
Withdrawal request tracking number:
Customer Name:
Customer Address:
Customer Signature: (only if this form is submitted on paper)
Date:
This form must be sent to the Company at one of the following addresses:
For electronic submission, to the address: Contact@Beefree.com
The Customer has 14 days from the date of sending the withdrawal notification to return the Product to the Company, in its original packaging, with return costs being the sole responsibility of the Customer.
Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to allow for resale by the Company. In the event of receipt of Products that are open, used, incomplete, damaged, or soiled, the Company will not issue any refund and may even, if deemed necessary and appropriate, hold the Customer liable for product depreciation.
In the event of the Product being returned under the conditions provided by law and these GTC, the Company will refund all sums paid by the Customer, including delivery costs, within 14 days of the withdrawal notification, unless the Product is returned later. In this case, the Company will only issue a refund after receiving and checking the condition of the returned Product.
This refund will be made using the same payment method as that used by the Customer to pay for the Order, unless expressly agreed otherwise by the Customer for another payment method. In the case of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an identical amount to that paid in this form.
Article 8 – WARRANTIES
8.1 Legal Warranties
The Company remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Consumer Code, as well as for hidden defects of the sold item in accordance with articles 1641 et seq. of the Civil Code.
When acting under the legal warranty of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:
Benefits from a 2-year period from delivery to act,
Can choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code,
Is exempt from providing proof of the existence of the conformity defect during the 24 months following the delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand,
The Customer may also decide to act under the legal warranty against hidden defects within the meaning of article 1641 of the Civil Code, the Customer may choose between rescinding the sale or a reduction in price, in accordance with article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was carried out by the seller or under the seller's responsibility."
L.217-5 Consumer Code
"The goods are in conformity with the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller, and accepted by the latter."
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
L.217-12 Consumer Code
"Legal action based on lack of conformity is time-barred after two years from the delivery of the goods."
1641 of the Civil Code
"The seller is bound by the warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price, had they known of them."
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. […]"
8.2 Manufacturer's Warranty
Some Products sold on the Website benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of warranty is mentioned, if applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, they should inform the Company by contacting Customer Service and refer to the terms of application of the warranty themselves, which are usually included in the Product box.
It is reminded that the benefit of the Manufacturer's Warranty does not preclude the application of legal provisions concerning the legal warranty of conformity and the legal warranty against hidden defects.
Article 9 - PERSONAL DATA PROTECTION
As part of the commercial relationship, the Company, as data controller, collects a number of mandatory nominative data (including, but not limited to, last name, first name, delivery address, etc. marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, generating statistics, and complying with the Company's legal and regulatory obligations. This data is kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including those that ensure the delivery of Products or process payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning them;
Right to rectification and erasure if personal data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data is prohibited;
Right to restriction of data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (particularly in the case of processing for commercial prospecting);
Right to issue post-mortem directives concerning the storage, erasure, and communication of your personal data;
Right to withdraw consent to certain processing operations (processing carried out before the withdrawal of consent remains lawful);
Right to lodge a complaint with the CNIL;
To exercise their rights, the Customer may send a request to the Company, via:
The request must include the Customer's email address, full name, postal address and must be accompanied by a copy of both sides of their identity document.
A response will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights over the Products sold.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations under these terms in the event of a fortuitous event or force majeure preventing such performance. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary stated herein, the Company shall in no event be held liable for any loss or damage due to inappropriate use of the Product(s) by the Customer, including, but not limited to, any modification or alteration of the Product(s) not authorized by the Company.
Article 13 – ACCOUNT SUSPENSION – TERMINATION
The Company reserves the right to suspend or terminate the account of any Customer who violates the provisions of the GTC, or generally the applicable legal provisions, without prejudice to any damages that the Company may claim.
Any person whose account has been suspended or closed will not be able to order again or create a new account on the Website without the prior authorization of the Company.
Article 14 – ARCHIVING – EVIDENCE
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
For each Order, an order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Customer is carried out on computerized registers, which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments, and transactions between the Customer and the Company. They can be produced as proof of the Contract.
The archiving of communications, the order, the details of the order, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
The Customer will have access to archived elements upon simple request to Contact@Beefree.com.
Article 15 - INVALIDITY AND MODIFICATION OF THE GTC
If any stipulation of these GTC is void, it shall be deemed unwritten, but shall not invalidate the entire contractual provisions.
Any forbearance on the part of the Company, in the application of all or part of the commitments made under these GTC, regardless of its frequency and duration, shall not constitute a modification of the GTC, nor generate any right for the Customer.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are subject to French law.
In case of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform to collect potential consumer complaints following an online purchase. The platform then transmits these complaints to a competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/.