TERMS AND CONDITIONS OF BATISTE MILLION
The present general conditions of sale apply to all sales concluded on the Batiste Million website.
The website https://www.batistemillion.com is a service of :
The company JYWHHANN
located 91 rue du Faubourg St Honoré 75008 Paris, France
URL address of the site: https://www.batistemillion.com
e-mail address: [email protected]
The Batiste Million website sells ready-to-wear products.
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.
They are accessible on the Batiste Million website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The present general terms and conditions of sale are valid until 01 January 2022.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Batiste Million website.
The present conditions concern only the purchases carried out on the site of Batiste Million and delivered exclusively in Metropolitan France or Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to address a message to the following e-mail address: .
These purchases concern the following products: ready-to-wear.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to the placing of the order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
The following information shall be transmitted to the buyer in a clear and comprehensible manner
- the essential characteristics of the goods ;
- the price of the goods and/or the method of calculating the price;
- if applicable, any additional transport, delivery or postage costs and any other costs that may be payable;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, irrespective of their price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility to place an order online, from the online catalogue and by means of the form that appears there, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final :
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;
- and after the seller has received the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can or send an email to the seller at the following email address: [email protected]
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order shall be deemed proof of the buyer's agreement:
- Payability of the sums due under the order form;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: .
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 - Proof of the transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.
Article 10 - Method of payment
This is an order with a payment obligation, which means that the placing of the order implies payment by the buyer.
In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
The payment of the price is made either in full on the day of the order, according to the following methods
- credit card
or in 3X 4X WITH CHARGE: Payment of your order in 3 or 4 times by credit card from 100€ of purchase up to 3000€ with Oney Bank. See the ONEY x PAYPLUG general conditions of sale
Article 11 - Availability of products - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 3 days from the day following the day the buyer placed his order, according to the following methods: by TNT. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to the French overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of failure to comply with the agreed delivery date or delivery period, the buyer shall, before terminating the contract, request the seller to execute the contract within a reasonable additional period.
If the seller fails to do so within this further period, the buyer may freely withdraw from the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The buyer may, however, terminate the contract immediately if the above dates or time limits are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller shall be obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event of the unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that it is accurate. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notices.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option :
- by telephone at the following number: ;
- by e-mail to the following address: [email protected].
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been allocated.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 1 Avenue Antoine Pinay PA des 4 vents, 59150 Hem.
The return costs are at the seller's expense.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It shall be up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
The buyer is responsible for the return shipping costs.
The exchange (subject to availability) or refund will be made within 7 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for
- the supply of goods whose price depends on fluctuations on the financial market beyond the control of the trader and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised
- the supply of goods which are likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages the delivery of which is delayed beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
- the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications
- the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 18 - Data processing and liberties
The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Batiste Million website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the Batiste Million site.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The name, contact details and e-mail address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
The present general conditions are subject to the application of French law. The competent court is the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data collected on this site are the following:
- account opening: when the user's account is created, his surname; first name; e-mail address; telephone number; postal address;
- connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
- profile: when using the services provided on the website, a profile is created, which may include an address and telephone number;
- payment: in the context of payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimisation of the website;
- organising the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other users of the website;
- implementation of user assistance;
- personalising services by displaying advertisements according to the user's browsing history and preferences;
- preventing and detecting fraud, malicious software and managing security incidents
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;
- if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and privacy
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Enforcement of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following address: .
the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
the right to object to the processing of data: users may object to their data being processed in accordance with the provisions of the GDPR
the right to portability: they can request that the website gives them the personal data provided to it in order to transmit it to a new website.
Evolution of this clause