These General Terms and Conditions of Sale govern the relationship between, on the one hand, Mr. Guillaume THIBAUT, a sole proprietorship exercising under the trade name "BORN TO BE A MILLIONAIRE", registered in the Trade and Companies Register of Paris under the number 848 345 708 , whose head office is located at : 66 Avenue des Champs-Elysées, Paris (8th), (Telephone : 0986088065) hereinafter referred to as "the Seller", and secondly any natural person of full age who has the capacity to contract and who meets the definition of consumer within the meaning of French consumer law, that is to say “any natural person who acts for purposes which do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity”, hereinafter referred to as "the Customer" and placing an Order on the Seller's webSite "www.borntobeamillionaire.paris” hereinafter referred to as "the Site", the products proposed therein, hereinafter referred to as the "Products".
These General Conditions of Sale apply to all sales concluded on the webSite : Borntobeamillionaire.paris.
The following terms and expressions mean, when preceded by a capital letter, for the purposes of the interpretation and execution of this document :
"Article" : the property or Goods that were the subject of the Order ;
"Customer" : means any non-business person over the age of 18 who wishes to make a purchase through the Site : Borntobeamillionaire.paris ;
"Order" : Product request made by the Customer to the Seller ;
"General Conditions of Sale or GTC" : the general conditions of sale which are the object of the present ;
"Delivery Time" : period between the date of Validation of the Order and the date of Delivery of the Order to the Customer ;
"Delivery Charges" : cost of the expenses incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer ;
"Delivery" : shipment of the Item to the Customer ;
"Delivery Method" : means any standard or express Delivery method available on the Site at the time of the Order ;
"Price" : the unit value of an Item ; this value includes all taxes, but not Delivery charges ;
"Products" : all items offered for sale on the Site ;
"Site" : Online sales webSite "www.borntobeamillionaire.paris" used by the Seller for the marketing of the Products ;
2. General provisions relating to the General Conditions of Sale (hereinafter referred to as "GTC")
2.1 Object of the General Conditions of Sale
The GTC is exclusively applicable to the online sale of Born to be a millionaire Articles on its sole merchant Site www.borntobeamillionaire.paris.
Online sales offers are available to all Customers located in France, in one of the countries of the European Union, or outside the territory of the European Union.
2.2 Availability and opposability of the GSC
The GTC are available to Customers on the webSite www.borntobeamillionaire.paris and in a manner that allows their conservation and reproduction, in accordance with Article 1127-1 of the Civil Code.
The Customer acknowledges having accepted all the Terms without reserve by checking the box provided for this purpose before confirming their Order. The validation of the Order by its confirmation demonstrates Customer's acceptance of the GTC without reserve on the day of the Order.
2.3 Modification of the Terms and Conditions
The Seller reserves the right to modify at any time these GTCS, for all or part of the clauses, without warning and without having to pay any compensation to the Customer. In case of modification of these Terms, the applicable GTC will be those according to regulation on the day of placing the Order. A copy may be sent by the Seller upon request.
2.4 Severability clause of the GTC
The possible annulment of one of the clauses of the GTC does not entail the annulment of the GTC, only the clause being deemed unwritten is rendered unenforceable. The temporary or definitive inapplicability of one or more provisions of the clauses of the GTC by the Seller can not be a waiver of the other clauses of the GTC, which continue to be enforced, to all potential.
3. Information and Presentation of Products
In accordance with Article L.111-1 of the Consumer Code, the Articles offered for sale on the www.borntobeamillionaire.paris webSite are each subject to a description of their essential characteristics.
The Customer can freely consult the description of the Articles and fill their cart on the Site. The main and generic features of the Articles are presented on our Site.
Articles are described and presented with the utmost precision, including photographs that indicate the shapes, colors and sizes.
There may be differences in resolution and quality between the on-screen preview and the actual rendering after production, especially related to screen resolution, color conversion, and specific computer features. Minimal variations in the representation of the Articles can neither engage the Seller's liability nor affect the validity of the sale.
Customers wishing to obtain more information about a Product may request it via the Seller's contact page.
4.1 Capacity to contract
The Customer declares on their honor the ability to enter into a contract in accordance with the law, in particular articles 1145 and following the Civil Code, not to be minor and not to be the object of a measure of protection, in particular of guardianship.
4.2 Steps of the Order
It is up to the Customer to select on the www.borntobeamillionaire.paris WebSite the Items they wish to Order :
The Order process is as follows :
- The Customer adds the desired Items to their cart
- The Customer validates their cart
- The Customer fills in their address
- The Customer validates their address and the shipping method
- The Customer chooses the method of payment
- The Customer validates the Order
- The Customer pays for the Order
- A payment confirmation page is displayed to the Customer
The Customer can place an Order as a guest, or by using a previously created account.
For the correct processing of their Order, the Customer will be asked for the following information :
- Last name(s) and first name(s)
- Postal code
- E-mail address
- Phone number
The Customer commits to provide accurate information. The provision of this information is essential to the processing of the Order.
The Customer is solely responsible for the truth of the information transmitted to the Seller. In the event of a change to one or more pieces of information about the Customer, the Customer is responsible of informing the Seller and is also responsible for the updating of their data.
In the event of opening an account, the Customer is responsible for the storage and use of their username and password.
Any Order made under the Customer's identification requires it.
Thus, the Seller cannot be held responsible in case of unauthorized access to the account of a Customer who has transmitted access to a third party.
In case of a forgotten password, the Customer has the possibility to generate a new one.
The Customer has the option to close their account if they wish by sending an e-mail to the Seller. No data recovery will be possible after closing the account.
The data contained in the Customer Account section which allows in particular to see the Orders made on the Site have only informative value, the Seller can not be held responsible if they were to disappear due to a technical breakdown, or in a case of force majeure.
4.3 Refusal of an Order
The Seller reserves the right to cancel or refuse any Order from a Customer for a legitimate reason, in particular in case of litigation relating to the payment of a previous Order, and/or permanently cancel access to the Site to the Customer having provided incomplete or inaccurate information, or is likely to create any risk for the Seller.
4.4 Unavailability of Products Ordered
The Customer is informed that the Articles presented on the Site may thus no longer be available, or for sale, the day of the Order. In this case, the Order will not be validated.
In case of unavailability of the Article, despite validation of the Order and the payment made, the Customer will be fully refunded.
4.5 Order Confirmation
Any Order will be taken into consideration only after confirmation of the acceptance of the total payment of the Order.
Once the Order has been placed, the Customer will receive an Order confirmation e-mail providing a summary of their Order as well as their shipping method.
4.6 Proof of the Order
The Customer recognizes the evidential value of the Seller's automatic registration systems and, with the exception of providing evidence to the contrary, waives any challenge in the event of a dispute.
5.1 Selling Price
In accordance with articles L.133-13 of the French Consumer Code, sales Prices are indicated for each of the items offered for sale on the webSite : www.borntobeamillionaire.paris.
All Prices are quoted in euros and include all taxes, excluding shipping costs, which are left to the responsibility of the Customer. These additional costs are mentioned before the validation of the Order and are charged in addition.
Products presented on the webSite www.borntobeamillionaire.paris are provided at the rates in effect at the time of registration of the Order by the Seller.
An electronic invoice is available at the Order confirmation. An invoice is also available in the package of the Order.
5.2 Modification of the Price
The Seller reserves the right to change Prices at any time ; however the items Ordered will be billed based on the rates in effect at the time of registration of the Order.
The Prices take into account the VAT rate applicable on the day of the Order. Any change in the rate will be reflected in the Product Price after the effective date of the new applicable rate.
5.3 Transfer of ownership
The transfer of ownership of the Seller's Products will be made at full payment of the Price by the Customer.
Thus, the Products remain the property of the Seller until collection of the Price and fees.
6. Payment terms
The Price is payable in cash by the Customer, in full, on the day of placing the Order.
The Price of the Order is paid by way of secure payment, as follows :
- by credit card : Visa, MasterCard, American Express, other bank cards, or
- by PayPal.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due. The Seller will not be obliged to proceed to the Delivery of the Products Ordered by the Customer if they do not pay the Price in full under the conditions indicated above.
The payment page is secured by the HTTPS protocol, all data entered is encrypted and does not pass through the Seller's server, but directly through the bank's server (if the Customer is paying by credit card) or PayPal (if Customer pays by PayPal).
7. Delivery terms
7.1 Countries where Delivery is possible
The Delivery of the Order is possible worldwide (if the country in question is served by the Colissimo service, Colissimo Overseas or Colissimo International La Poste).
7.2 The shipping method
For Metropolitan France (Monaco included) the shipping of the Order is handled by : Colissimo.
For DOM-TOM, the shipping of the Order is handled by : Colissimo Overseas.
For other countries, the Order is handled by : international Colissimo.
7.3 The routing time
The Delivery time for Metropolitan France (Monaco included) is 2 working days.
For DOM-TOM, the Delivery time is 5 to 7 working days*.
The Delivery time for the countries of the European Union is 3 to 8 working days* and the Delivery time for countries outside the European Union is 7 to 16 working days*.
The Customer is informed that these deadlines are based on an "average time observed" (*).
Thus, the Seller commits to making their best efforts to deliver the Products Ordered by the Customer within the time specified above.
In any case, the Delivery within the deadlines can take place only if the Customer has communicated to the Seller exact information for the shipping address details. In case of error, the Seller cannot be held responsible for the impossibility of delivering the goods at the desired place and time.
7.4 Delivery charges
Delivery charges depend on the weight of the package and the destination of the package. The Delivery costs are communicated to the Customer before the validation of the Order.
7.5 Preparation and shipping of the Order
Orders are prepared Monday to Friday. The shipment of the Order takes place within 48-72 hours of collection of payment from the Customer. Orders placed on weekends are dispatched on Mondays.
Once the Order has been shipped, the Customer will receive a shipping confirmation e-mail and a tracking number. The Customer must enter this number on: https://www.laposte.fr/professionnel/outils/suivre-vos-envois to follow the Delivery of their parcel.
Items are delivered to the address indicated by the Customer on the Order form.
Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of the Order and of which the carrier can easily access.
Delivery delays due to an external cause, or a case of force majeure, cannot be subject to payment, nor to the claim of compensation to the Seller.
The Delivery consists of the transfer to the Customer by physical possession or control of the Article. Unless otherwise indicated or unavailability of one or more Items, Items will be delivered at one time.
In case of Order to a country other than metropolitan France, the Customer is the importer of the items concerned. For all items shipped outside the European Union and DOM-TOM, the Price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable.
Under no circumstances will the Seller be held responsible for any additional costs, they will be the responsibility and are the sole responsibility of the Customer.
The transfer of the risks of loss and deterioration relating thereto, will only be conducted at the moment when the Customer physically takes possession of the Items.
7.7 Deliveries to France including Monaco
If the Ordered items have not been delivered within a legal period of 30 days after placing the Order, for any reason other than force majeure, or an act of the Customer, the sale may be resolved at the written request of the Customer in the conditions laid down in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code, i.e by registered letter with acknowledgment of receipt or by written form in another sustainable medium, if, after having Ordered from the Seller, under the same conditions, to handle the Delivery or provide the service within a reasonable additional period, the Seller has not executed within this period.
The sums paid by the Customer will then be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
8. Liability - Compliance
- In case of partial or total loss or damage on Delivery : the Customer must make a reasoned complaint, sent by registered letter with acknowledgment of receipt to customer service, within 48 hours of receipt of the Products Ordered. They will also have to make any reservations with the carrier (clear, precise and detailed reservations) and indicate all the anomalies noted during the Delivery on the Delivery note.
- In case of non-conformity of the Product delivered with the Order,
The Customer is required to check the condition of the packaging as well as the Articles.
The Customer must send the Seller any complaints by post, or electronically to the following e-mail address : firstname.lastname@example.org, recalling the date and reference of the Order.
- In case of proven non-compliance
The Item may be refused by the Customer, at no additional cost to the Customer, or returned to customer service, with the prior written consent of the Seller, in perfect condition and in its original packaging. It will be exchanged at no additional cost to the Customer.
8.2 Legal guarantees
The Articles offered on the www.borntobeamillionaire.paris webSite comply with the French legislation in force.
It is the Client's responsibility to check with the local authorities the possibilities of importing or using the Products or services they intend to Order.
Items supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L.217-4 to L.217-13 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
Under these warranties, the Seller agrees, at the option of the Consumer, to refund or exchange defective Products or those not corresponding to their Order.
All complaints must be sent by e-mail to the following e-mail address : email@example.com.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
Reminder of the legal provisions :
When acting on the basis of the legal guarantee of conformity of articles L.217-4 to L.217-13 of the Code of Consumption, the Customer :
- has a period of two years from Delivery of the property to act ;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 et seq. of the Consumer Code ;
- is exempted from showing proof of the lack of conformity of the property within twenty-four months from the Delivery of the property.
The legal guarantee of conformity, in respect of which our Company cannot exonerate or limit its scope, applies independently of any commercial guarantee.
In the event that the action based on the guarantee of hidden defects of the item sold is brought, within two years after the discovery of the hidden defect, by the Customer under the conditions provided for in articles 1641 to 1649 of the Civil Code, they may request either the resolution of the sale or a reduction of the selling Price in accordance with Article 1644 of the Code.
For complete information, the articles of the Civil Code relating to the guarantee of conformity are annexed to these General Conditions of Sale (Appendix 1).
Products are not covered by a commercial guarantee.
9. Liability of the Seller
All the Articles proposed are in conformity with the standards applicable in France.
The responsibility of the Seller cannot be sought in case of force majeure.
The Seller's liability cannot be incurred in the following cases :
non-compliance with the legislation of the country in which the Products are delivered, which is the Customer’s responsibility to verify.
In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear of the Product, accident or force majeure.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
10. Right of withdrawal
10.1 Conditions of the right of withdrawal on the Products
The right of withdrawal benefits consumers located in the countries of the European Union.
The Customer has the right to cancel the Order upon its conclusion and until the expiry of the withdrawal period of 14 days following the date of Delivery at the latest.
If the Customer makes use of this right of withdrawal within 14 days of receipt of the Article, the Seller agrees to refund the Customer without delay and at the latest within 14 days of the date on which the Articles have been received.
The refund will be made via the same method of payment as the purchase, unless otherwise agreed with the Customer.
The Customer will have to pay the postal charges of the return.
10.2 Procedures for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must send an unambiguous message to the following e-mail address : firstname.lastname@example.org.
The Seller may also use the withdrawal form that the Customer must complete and return to the Seller. Upon receipt of the withdrawal form, the Customer will receive a return validation or exchange reply.
Once the Items are received and verified, the Customer will receive a notification e-mail.
Items must be returned in their original condition (unwashed, undamaged or stained, with all original labels and their packaging) and, in any event, no later than fourteen days after sending the withdrawal form. This period is deemed to be respected if the Article is returned before the expiry of the fourteen-day period.
The returned item must not have been used.
The Seller reserves the right to refuse returned Items that do not comply with the conditions described above. In this case, the Items will be returned to the Customer at their expense.
The Customer may request the exchange or refund of the returned Item, without penalty, with the exception of return costs which remain at their expense.
In the case of an exchange : the Customer may exchange an Article with another size, color, model of the same value.
If the Customer opts for the refund : the Customer has the choice between a credit in the form of points for a next Order, or a full refund. The refund is made within 10 days of receipt of the returned Items and the method of refund is the same as when paying the Order.
10.3 Exclusion of the right of withdrawal for Customers residing outside of the European Union
The 14-day withdrawal period is a harmonized deadline in all European Union (EU) countries by the Consumer Rights Directive 2011/83.
Thus, the Consumer Client resident outside of the European Union is informed that they do not benefit from this 14-day withdrawal period.
11. Personal data
The information and data relating to the Customer, collected for the purpose of the sale, are essential for the processing and the routing of Orders, as well as the preparation of invoices.
The data is not transmitted to third parties, except those involved in the Delivery process.
This personal data is collected only for the execution of the sales contract and under conditions consistent with the texts relating to the processing of personal data.
The personal data that is collected on the Site are as follows :
When Ordering items by the Customer : Name and surname, mailing address, e-mail address and phone number.
Payment : as part of the payment of the Items offered on the Site, it records financial data relating to the bank account, or credit card of the Customer.
Personal data is reserved for the sole use of the Seller and third parties who may intervene for Delivery, such as Postal Services.
The Customer has a right of access, rectification, opposition, erasure, and/or portability of personal data concerning themselves by a simple e-mail addressed to the Seller : email@example.com.
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
Unless the Customer expressly agrees otherwise, their personal data is not used for advertising or marketing purposes.
The Seller will store the collected data for a period of 5 years, from the date of collection, covering the period of limitation of the applicable contractual liability.
The Seller implements organizational, technical, software and physical security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
The Customer may be asked to tick a box under which they agree to receive informative and advertising e-mails from the Seller. They will always be able to withdraw their agreement at any time by contacting the Seller at the following e-mail address : firstname.lastname@example.org or by following the unsubscribe link.
12. Applicable law - language - Dispute resolution
These Terms and the resulting transactions are governed by and subject to French law.
In case of dispute, the Customer will first contact the Seller to find an amicable solution.
The Consumer Client is informed that they can, in any event, resort to a conventional mediation in accordance with Article L.612-1 of the Consumer Code by addressing the following mediator : MEDICYS which is found on the platform : https://www.medicys-consommation.fr/ or by post : MEDICYS - 73 Boulevard de Clichy, 75009 Paris.
All disputes to which the purchase and sale transactions concluded pursuant to these GTCS and which have not been the subject of a friendly settlement will be submitted to the competent courts under common law conditions.
The original Terms are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
13. Pre-contractual Information - Customer Acceptance
The Customer acknowledges being informed, prior to the immediate purchase, the placing of their Order and the conclusion of the contract, in a clear and understandable manner, these Terms and Conditions of Sale and all the information listed in the Article L.221-5 of the Consumer Code.
• the essential characteristics of the Products, taking into account the communication medium used and the Products concerned ;
• the Price of the Products and ancillary costs (Delivery, for example) ;
• in the absence of immediate performance of the contract, the date or time at which the Seller commits to the deliver the Product ;
• information relating to the identity of the Seller, the postal, telephone and electronic contact details, and activities, if they do not appear from the context ;
• information on legal warranties and how they are implemented ;
• the functionality of the digital content and, where appropriate, its interoperability ;
• the possibility of using conventional mediation in the event of litigation ;
• information relating to the right of withdrawal (existence, conditions, deadline, terms of exercise of this right and standard withdrawal form), the cost of returning the Products and other important contractual conditions.
APPENDIX 1: CONSUMER CODE SECTIONS RELATING TO COMPLIANCE GUARANTEE
The Seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of Delivery. The Seller also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when they have been charged to it by the contract or it has been carried out under their responsibility.
The property is in accordance with the contract :
1 ° If it is fit for the customary use of a similar good and, where applicable :
- if it corresponds to the description given by the Seller and possesses the qualities that have been presented to the buyer in the form of a sample or a model ;
- it has the qualities that a buyer can legitimately expect given the public statements made by the Seller, the producer or representative, including advertising or labeling ;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the Seller and that the latter has accepted.
The Seller is not bound by the public statements of the producer or representative if it is established that the Seller did not know them and was not legitimately able to know them.
The defects of conformity which appear within twenty-four months from the Delivery of the good are presumed to exist at the time of Delivery, unless proven otherwise. For used second-hand goods, this period is fixed at six months. The Seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
The buyer is entitled to demand the conformity of the goods to the contract. However, they cannot challenge compliance by invoking a defect they knew about or could not ignore when contracted. The same is true when the defect has its origin in the materials they provided themselves.
In case of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the Seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. The Seller is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
If the repair and replacement of the property are impossible, the buyer can return the property and be reimbursed or keep the property and get a part of the Price.
The same right is available to the Customer :
1 ° If the requested solution, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the claim of the buyer ;
2 ° Or if this solution cannot be without major inconvenience taking into account the nature of the good and expected use. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
The action resulting from the lack of conformity is prescribed by two years from the Delivery of the goods.
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the latent defects as it results from Articles 1641 to 1649 of the civil code or any other action of contractual or non-contractual nature which is recognized by the law.
The recourse action may be exercised by the final Seller against the successive Sellers or intermediaries and the producer of the corporeal movable property, according to the principles of the civil code.
APPENDIX 2: CIVIL CODE ARTICLES RELATING TO THE GUARANTEE OF HIDDEN DEFECTS
The Seller is bound by the warranty of the hidden defects of the object sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower Price, had it been known.
The Seller is not liable for apparent defects of which the buyer claims without proof.
The Seller is liable for hidden defects, even without knowledge, unless, in this case, they have stipulated not to be obliged to any guarantee.
In the case of items 1641 and 1643, the buyer has the choice to return the item and be reimbursed, or keep the item and get a part of the Price back.
If the Seller knew of the defects of the object, they are held responsible for the return of the Price received, and all damages and interest to the buyer.
If the Seller was unaware of the defects, they will be held responsible only for the restitution of the Price, and to refund the Customer the expenses occasioned by the sale.
If the Product that had defects has been destroyed as a result of its poor quality, the loss is for the Seller, who will be liable to the buyer for the restitution of the Price and other compensation explained in the two previous articles. But the accidental loss will be on behalf of the buyer.
The action resulting from the latent defects must be brought by the Customer within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty, within one year from the date on which the Seller may be discharged from apparent defects or defects of conformity.