The present general terms of sale (the "Terms and Conditions") are entered into between BAILLY CREATIONS and any individual who is not a merchant and wishes to make a purchase.
The present Terms and Conditions exclusively govern relations with the company BAILLY CREATIONS.
BAILLY CREATIONS reserves the right to modify these terms and conditions at any time. They will be applicable as soon as they appear online.
The products governed by the present Terms and Conditions are those which appear on the website and are indicated as sold and shipped by BAILLY CREATIONS (the “Products”). They are offered while stocks last.
The key features of the Products are described with the greatest possible accuracy.
Product prices are indicated in Euros inclusive of all tax for metropolitan France and in Euro exclusive of taxes for international sales. For metropolitan France, they include VAT and any discounts that apply on the day of the order.
Product prices do not include shipping costs. Delivery charges will be specified prior to validation of the order.
If one or several taxes or contributions, including environmental, were to be created or modified, whether upwards or downwards, this change may be reflected in the selling price of the Products on the website and various sales media.
However, a price cannot be changed once your order is confirmed.
To order, you must be identified with your email address and your password. A client ordering for the first time must create an account.
Order recording and validation
Once the order is validated, you must choose the address and delivery method, and validate your payment. This last step formalizes the sales contract.
All orders imply acceptance of prices and descriptions of products sold.
BAILLY CREATIONS will acknowledge receipt of your order as soon as it is validated, by sending you an email.
In some cases, especially default of payment, incorrect address, or any other problem with your account, BAILLY CREATIONS reserves the right to block your order until the problem has been resolved.
Only available products can be ordered. Cancellation of the Product order and potential refund (payment can only be taken for products available when the order is made, not for product pre-orders) will then proceed, and the rest of the order will remain firm and final.
For any question relating to order tracking, please call +33 4 74 77 28 32 (cost of a local call) from Monday to Friday from 8:30 to 17:30.
The following may be used to pay for your order:
- credit card: Carte Bleue, Visa, MasterCard, Eurocard. Your account will be debited as soon as the order is validated. If any products were to be out of stock or unavailable, the amount for
these products will be re-credited.
- Paypal account.
- bank or postal check: your package will be delivered upon receipt of your check.
Please attach a copy of your purchase order or indicate the order number on the back of the check.
Please make out your check to BAILLY CREATIONS, our mailing address is Z.I 19, rue François Rochaix 01100 ARBENT
- bank transfer: when you select this method of payment, you will find a link to the information necessary for proceeding.
Please carefully note the transaction reference information. Your order will be processed as soon as possible upon receipt of your payment.
Products are delivered to the address indicated by the consumer on the order form, and only in the geographical areas we serve.
Products are delivered within a period ranging from 15 to 20 working days from the confirmation of the order.
All products leave our premises in perfect condition. The customer must report to the carrier (or Post Office employee) any signs of shock, even the smallest, (holes, traces of impact etc.) on the package, and where appropriate, refuse the parcel. A new identical product will be then be sent to you without charge.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller, complete and in its original packaging, in perfect condition, to the seller's address.
In order to be accepted, any return must be reported.
Shipping costs are charged to the seller.
Right of cancellation and exchange
Right of cancellation and procedures for returning products
You have 14 (fourteen) calendar days to exercise your right of cancellation, from the date of receipt of your complete order.
During this period, you may return products without providing any justification nor paying any penalty.
All products may be subject to cancellation, excepting those excluded under Article L.121-21-8 of the Consumer Code.
Returned goods must be intact and must not have been worn for any extended period of time.
By way of reminder, "The consumer may be liable only in the event of depreciation of the goods, as resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of said goods, provided that the professional has informed the consumer of his right of cancellation in accordance with 2° of I of article L. 121-17. “ article L.121-21-3 paragraph 3.
To exercise your right of cancellation, you can use the cancellation form available on the website, or make an unambiguous statement indicating your intention to return the product to us.
To download and print the Cancellation Form, click here.
BAILLY CREATIONS will confirm receipt of your cancellation request by email.
You must then return the product to BAILLY CREATIONS to no later than 14 (fourteen) days following your
cancellation, by mail, to the following address: Z.I 19, rue François Rochaix 01100 ARBENT.
Costs for returning the product via mail are your responsibility (except in the case of a product that is defective upon reception or an error committed by BAILLY CREATIONS when sending the Product).
BAILLY CREATIONS undertakes to refund all sums paid within a period of 14 days which runs from the reception of your parcel at its premises, subject to compliance with the conditions mentioned above, as well as standard “one-way” shipping costs for the latter if you return your entire order.
Deliveries with supplements are reimbursed within the limits of the standard shipping charges.
If you do not return your entire order and keep one or more ordered Products, the “one-way” delivery charges will not be refunded.
Refunding will be executed using the same payment method as the one used for ordering. As appropriate, using your Paypal account, otherwise, by check for metropolitan France and by bank transfer for international transactions (please attach your bank details, including your IBAN).
Products for sale on the website are covered by product compliance (L.211-1 and following in the French Consumer Code) and the warranty against latent defects (article 1641 et seq. of the Civil Code), allowing you to return defective or noncompliant products.
Article L.211-4 of the Consumer Code: the seller is required to deliver a good that is compliant with the contract and is responsible for any non-conformities existing at the time of delivery.
He is also liable for any non-conformities resulting from the packaging, the assembly or installation instructions wherever the latter are his responsibility through the contract, or have been carried out under the seller’s responsibility.
Article L.211-5 of the Consumer Code: in order to be compliant with the contract, the good must:
1° be appropriate for the use normally expected of such an article, and, where appropriate:
-match the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
- have the qualities a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, specifically through advertising or labeling;
2 ° or present the characteristics defined by mutual agreement between the parties or be specific to any particular purpose sought by the purchaser, brought to the attention of the seller and accepted by the latter.
Article L.211-7 of the Consumer Code: non-conformities which appear within a period of six months from the delivery of the goods shall be presumed to exist at the time of delivery, unless there is evidence to the contrary.
The seller can challenge this presumption if it is not compatible with the nature of the good or the non-conformity in question.
Article L.211-10 of the Consumer Code: if the repair and replacement of the good are impossible, the buyer may return the good and be refunded for its cost, or keep the good and be refunded for a portion of the price.
He may do the same in the following cases:
1° if the solution requested, proposed or agreed upon pursuant to article L. 211-9 cannot be implemented within a period of one month from the buyer’s claim;
2° or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use the buyer intends to make of it.
However, the sale cannot be rescinded if the non-conformity is minor.
Article L.211-12 of the Consumer Code: the action resulting from the non-conformity shall lapse after two years from the delivery of the goods.
Article 1641 of the Civil Code: the seller is bound to a warranty on account of the latent defects of the good sold, which render it unfit for the use for which it was intended or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1645 civil Code: if the seller was aware of the defects in the good, he is bound, not only to refund the price paid, but also all damages to the purchaser.
Article 1646 of the Civil Code: if the seller was unaware of the defects in the good, he is bound only to return the price paid, and to reimburse to the buyer the expenses incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: an action resulting from redhibitory defects must be brought by the buyer within a period of two (2) years from the discovery of the defect.
Disclaimer of Warranties
Are excluded from warranty any Products that have been modified, repaired, integrated or added, without the authorization of the seller. The warranty will not apply for visible defects.
BAILLY CREATIONS has a performance obligation for all the steps in the ordering process, as well as the steps following the conclusion of the contract.
Thus BAILLY CREATIONS undertakes to describe with great accuracy the products sold on the website.
On the other hand, neither party shall have breached its contractual obligations, insofar as their fulfillment was to be delayed, hindered or prevented by an unforeseeable circumstance or force majeure (Act of God). A case of force majeure is any compelling fact or circumstance, outside of the parties’ purview, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all possible and reasonable efforts.
The party affected by such circumstances shall notify the other within ten working days as of the date on which it is informed of them.
The two parties shall then consult with each other, within a period of three months, unless this is impossible due to the force majeure case, to examine the impact of the event and agree on the conditions in which the execution of the contract will be continued.
Should the force majeure situation last longer than one a month, these general conditions may be terminated by the injured party.
The following events shall be explicitly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by case law and the French courts: disruption in means of transportation, earthquake, fire, storms, flood, lightning, telecommunication networks down or difficulties specific to telecommunications networks external to the customers...
In all cases, the credit card number provided on line and the final confirmation of the order shall be deemed evidence of proof of completeness of the said order in accordance with article 1316-1 of the Civil Code, and shall constitute receivability of the amounts incurred through the capture of the products listed on the order form.
This validation constitutes a signature and an express acceptance of all transactions carried out on the website. However, in the event of fraudulent use of the buyer’s credit card, the buyer is invited, as soon as he has determined this fraudulent use, to contact Customer Service by calling +33 4 74 77 28 32 (cost of a local call from a landline, additional charges may apply depending on the operator).
IT records stored in the computer systems, under reasonable conditions of safety, will be
regarded as evidence of communications, orders and payments between the buyer and BAILLY CREATIONS.
The archiving of the purchase orders and invoices is performed on a reliable and durable medium, constituting a true and lasting copy in accordance with article 1348 of the Civil Code.
All elements of the website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models on the website are the exclusive property of BAILLY INDUSTRIES.
Their disclosure shall not be construed as granting any license or right of use of said trademarks and distinctive elements protected by copyright. They may therefore not be used under penalty of counterfeiting.
Thus, none of the documents from the website may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any form whatsoever.
However, it is possible to download a copy of the documents on a computer for your personal use and only for non-commercial purposes, provided you do not modify the information contained and keep intact all copyright and other proprietary notices. Any modification of these documents or their use for any other purpose constitutes an infringement of intellectual property.
If you have a personal website and you wish to place a direct link to the home page of the website for personal use, you must request permission from BAILLY CREATIONS. This will not in any way constitute an implicit agreement of affiliation.
On the other hand, any hypertext link to the website using the technique of framing or in-line linking is prohibited.
In all cases, any link must have to be removed pursuant to a request from BAILLY CREATIONS.
When ordering, the personal data collected will be processed electronically.
In accordance with the French law on Data Protection (Loi Informatique et Libertés) of January 6, 1978, you may at any time exercise your right to access the file, your right of opposition, rectification or deletion of your information by sending your request, indicating your e-mail address, name and postal address, by e-mail to the following address: [email protected].
In the event that any one of the provisions of the Terms and Conditions were held to be invalid or declared such pursuant to a law, a regulation or following a decision by a competent jurisdiction, the other provisions shall remain valid and binding.
The failure of either party to claim a breach by the other party of any of the obligations contained in these Terms and Conditions shall not be construed in the future as a claim regarding the obligation in question.
Questions, comments and complaints
We invite you to contact our Customer Service for any question, comment or complaint you may have regarding your order by calling the following number: +33 4 74 77 28 32 (cost of a local
call) Monday to Friday from 8:30 to 17:30, or by mail addressed to BAILLY CREATIONS Z.I 19, rue François Rochaix 01100 ARBENT.
Applicable law and jurisdictional competence
These Terms and Conditions are subject to French law.
The present General Terms and Conditions are governed by French law. This shall apply both to rules of substance and to rules of form.
In case of dispute or claim, the buyer should first contact the seller to reach a friendly solution.
The competent court in case of dispute will be that of the residence of the defendant.
The website is compliant with French legislation, and in no case does BAILLY CREATIONS guarantee compliance with local legislation that would be applicable to you whenever you access the website from other countries.
The present site «http://www.alexandredeparis-stores.com» (herinafter the Site) is published by the company BAILLY CREATIONS, a simplified joint-stock company registered under French law with a capital of 10.000 Euros, registered in the Bourg-en-Bresse Trade and Companies Register under number 530 777 960, whose head office is at the following address: Z.I. -19 rue François Rochaix - 01100 Arbent - France.
Intra-European VAT N° FR 31 530 777 960
Tel: +33 4 74 77 28 32
E-mail address: [email protected]
The editor is Mr Sébastien Bailly.
The site is hosted by Arobases: 5 avenue Lionel Terray 69330 MEYZIEU / France.
Copyright and intellectual property:
The Site and its content are protected by intellectual property law.
The Site is the exclusive property of BAILLY CREATIONS
Any reproduction and/or representation, total or partial, of any element on the Site is prohibited without the express prior consent of BAILLY CREATIONS.
Requests for permission should be sent to the following address: BAILLY CREATIONS
Z.I. -19 rue François Rochaix
01100 Arbent - France
Or to the following e-mail address: [email protected]
Failure to comply with this prohibition constitutes a counterfeit within the meaning of articles L 335-2 et seq. of the French Intellectual Property Code.
Trademarks mentioned on the website are registered and are therefore protected.
The brand Alexandre de Paris and its associated logo is the property of the company BAILLY INDUSTRIES.
Any representation, reproduction, and/or utilization, whether partial or complete, of the above trade mark is prohibited.
Hypertext links to the Site are possible with the prior written permission of BAILLY CREATIONS.
BAILLY CREATIONS strives to ensure the accuracy of the information published on the site and reserves the right to modify it without prior notice.
BAILLY CREATIONS accepts no liability in case of difficulty of access to the Site or interruptions in the connection.