G.C.V.
PREAMBLE
The present general conditions of sale (hereafter "GCS") are concluded exclusively between the company BE MY LED and any person (hereafter the "Customer") making a purchase via the site accessible at the address www.bemyled.com (hereafter the "Site"). The company BE MY LED and the Customer will be referred to individually as "the Party" and together as "the Parties".
The Parties expressly agree that their relations are exclusively governed by these GTC, which are accessible on the Site.
These GTC are subject to change. Consequently, it is understood that the applicable GCS are those in force on the Site at the time of registration of the Customer's order.
ARTICLE 1: PRODUCTS
BE MY LED strives to describe and present the products sold on the Site with the greatest accuracy. However, it could not be held responsible for an error of appreciation of the Customer related to the use of Internet. Indeed, it is possible that the product as displayed on the screen presents slight differences with the real product (in particular in terms of colour).
ARTICLE 2: AVAILABILITY
Product offers on the Site are valid as long as they are visible, except for special operations whose validity period is specified.
In the event of an order for a product that proves to be unavailable, BE MY LED reserves the right to cancel the order, subject to notifying the Customer.
In the event of an order for several products, one or more of which would prove to be unavailable, BE MY LED will warn the Customer of the impossibility of sending the unavailable item(s), and will process the rest of the order normally. The Customer will then have the possibility to cancel the totality of his order, under the condition that he informs the customer service of BE MY LED before sending the order.
ARTICLE 3: ORDER
3.1 How to order
The Customer declares that he is 18 years old and has the legal capacity to contract on the Site or has parental authorisation to place an order.
The Customer also declares that he has read and agrees to abide by these GCS.
The customer is advised that the instructions for use of the battery can be found on the following link.
To place an order, the Customer must first create an account on the Site by filling in information including his name, postal address, telephone number and e-mail address. This account will allow the Customer to track his order.
The Customer is solely responsible for entering his information. BE MY LED cannot be held responsible for an error concerning the personal information provided by the Customer.
The Customer's order is placed in several stages:
- Validation of his basket ;
- Choice of the place of delivery ;
- Payment of the order ;
- Receipt of an e-mail confirming his order with his invoice.
Receipt by the Customer of the e-mail confirming his order means acceptance by BE MY LED of the Customer's order. This forms the contract of sale between the Parties.
BE MY LED reserves the right to check and/or refuse an order if there is a previous dispute in progress with the Customer or an abnormally high level of order.
Unless proven otherwise, the computer records of BE MY LED and those of their service providers, kept in reasonable conditions of security, constitute proof of all transactions between BE MY LED and the Client.
BE MY LED archives purchase orders and invoices for 10 years from the delivery of the order. The Customer has access to his purchase orders and invoices in his customer space on the Site.
3.2 Prices
The prices of the products are indicated on the Site all taxes included, except for the participation in the expenses of delivery.
In the event of delivery to a country other than metropolitan France BE MY LED reserves the right to modify its prices at any time but the products are invoiced on the basis of the rates in force at the time of validation of the order by the Customer.
The products remain the property of BE MY LED until full payment of the price.
3.3 Means of payment
The Customer pays for his products online via Apple Pay, PayPal transfer or by Credit Card (American Express, MasterCard, Visa). The Customer can read the terms of use of these tools on the respective sites of the means of payment.
ARTICLE 4: DELIVERY
The delivery involves transfer of ownership and risk of the order from BE MY LED to the Customer.
4.1. Place of delivery
The products can be delivered in France and abroad to the delivery address that the Customer will have given when placing the order. The Customer may also opt for delivery to the relay point or any other device offered on the site according to his choice.
4.2 Delivery times
The delivery times provided on the Site begin to run from the date of validation of the order, and are calculated in working days. BE MY LED informs the Customer of the dispatch of his order by e-mail.
In the event of delivery to a relay point or any other similar device such as pick me, the Customer has 14 days from the delivery date to collect his package. Beyond this period, the parcel will be sent back to BE MY LED and the latter will proceed to the refund of the order.
In the event of closure of the relay point chosen by the Customer for any reason whatsoever, the package will be delivered to the nearest relay point to his home. This information will be indicated in its order tracking.
ARTICLE 5: RETRACTION
In accordance with the legal provisions in force, the Customer has a withdrawal period of 14 days from the date of receipt of his order.
To exercise his right of withdrawal, the Customer must notify his decision to withdraw to BE MY LED by means of a clear and unambiguous statement :
- By mail to the following address: 71 rue Vincent Sevin, 92210 St CLOUD
- By e-mail to the following address [email protected]
For any request for withdrawal transmitted electronically, the Customer will receive an acknowledgement of receipt of his request on a durable medium.
The Customer has the option of using the model withdrawal form available in the appendix to these GTC.
The Customer must return the product(s) at his own expense to the following address within 14 days following his request for retraction: 71 rue Vincent Sevin, 92210 St Cloud, France.
The Customer is invited to print the carrier return label on his customer space on the Site. In the event of difficulty, the Customer is invited to contact BE MY LED's customer service department using the Site's contact form (www.bemyled.com) or by (e-mail: [email protected]).
If the return procedure described above is followed, the Customer will receive a refund of his order within 14 days following the date of receipt of the products by BE MY LED, provided that the returned order is judged to be in a state compatible with its re-sale.
Thus, any product that is used in excess of what is necessary to establish the nature, characteristics and proper functioning of the product will not be subject to any refund.
BE MY LED will refund the order by crediting the bank account used by the Customer at the time of the order.
BE MY LED is not obliged to reimburse additional delivery costs if the Customer has chosen a more expensive delivery method than the standard delivery method proposed on the Site.
ARTICLE 6: GUARANTEES
6.1 Legal guarantee of conformity
In application of articles L.217 and following of the Consumer Code, BE MY LED guarantees the conformity of the products sold. The Customer, when he acts in legal guarantee of conformity :
- Benefit from a two (2) year delay from the delivery of the product to act ;
- May choose between repair and replacement of the product, subject to conditions relating to the cost of the solution chosen in accordance with Article L.217-9 of the Consumer Code ;
- Is exempted from furnishing proof of the existence of the lack of conformity during the 2 (two) years following the delivery of the product.
6.2 Warranty for hidden defects
BE MY LED commits itself, within the framework of the guarantee of the defects of the sold item, according to the choice of the Customer and after evaluation of the defect, to :
- Either refund part of the price of the returned product;
- Either reimburse him the totality of the price of the returned product.
6.3 Case of damaged products
Products damaged as a result of misuse or lack of maintenance by the Customer who has not respected the conditions of use of the product, will not be covered by the guarantees provided by these GCS, in accordance with the legal provisions.
ARTICLE 7: LIABILITY
The responsibility of BE MY LED could not be retained in case of failure to one of its contractual obligations if this one is due to a case of force majeure. Force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1218 of the Civil Code.
The responsibility of BE MY LED cannot be retained in case of loss of profits, commercial loss or any other indirect damage or which was not foreseeable at the time of the conclusion of the contract between the Parties.
Finally, the responsibility of BE MY LED cannot be retained in case of direct or indirect damage caused to the Customer because of the use of the internet network.
ARTICLE 9: PERSONAL DATA
BE MY LED undertakes to comply with the regulations in force on personal data, and in particular the European Data Protection Regulation of 25 May 2018.
The information collected within the framework of the passage of an order of a Customer is the subject of a treatment by the company BE MY LED, which acts as person in charge of treatment. The information collected by BE MY LED is necessary for the conclusion of the contract, i.e. the processing of the Customer's order.
For more information on the processing of personal data by BE MY LED, the Customer is invited to consult the data protection policy.
ARTICLE 10: CUSTOMER SERVICE CONTACT / MEDIATIONS CONSUMER DISPUTES
If you have any questions regarding a purchase made on the bemyled.com website, the customer service department can be contacted:
- by e-mail to the following address [email protected]
- by internet: contact form on the Site
- by post at the following address: 71 rue Vincent Sevin, 92210 St Cloud, France
In the event of a dispute not resolved by the customer service relating to the sale of products or the provision of a service, BE MY LED proposes to the Consumer to resort to a mediator, in accordance with article L.612-1 of the Consumer Code.
To exercise this right, please write to : CMAP, Mediation and Arbitration Centre. CMAP. 39 avenue Franklin Delano Roosevelt. 75008 Paris.
After being seized of the dispute, the mediator collects the information necessary to investigate the case and gives an opinion within three (3) months.
This notice is not binding on BE MY LED, nor on the Consumer, who retains the right to bring an action before the competent court.
ARTICLE 11: INTEGRAL
The present GTC consist of all the clauses that make them up. Failure to invoke any one of the clauses at a given time shall not constitute a waiver of the right to invoke the same clauses at a later date.
If any clause of the contract is null and void with regard to a rule of law or a law in force, it will be deemed unwritten but will not lead to the nullity of the contract.
ARTICLE 12: APPLICABLE LAW AND JURISDICTION
Only French law is applicable to the contract. In the event of a dispute over the interpretation and execution of any of the provisions of this contract and in the event of failure of the mediation procedure, the courts of NANTERRE (France) will have sole jurisdiction to hear the dispute.
APPENDIX: WITHDRAWAL FORM
To the attention of : [[email protected]] if the Customer wishes to cancel by e-mail, or by post to Société BE MY LED - 71 rue Sevin Vincent 92210 SAINT-CLOUD - FRANCE
I hereby notify you of my withdrawal from the contract for the purchase of the following product(s):
-Item(s) reference :
-Ordered on :
-Received on :
-Order No. :
Surname and first name of the Customer at the origin of the order:
Address of the Customer at the origin of the order:
Signature of the Customer (only if this form is notified on paper) :
Date: