General terms and conditions of sale
THE BEST OF BOTH WORLDS
Limited Liability Company (SARL) with a capital of 5000 euros.
Registered with the RCS of Melun under the SIRET number 844112516
whose registered office is located at 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Tel: 01.83.62.21.42
1. Seller designation
This website is accessible at the internet address www.starseed-z.com. It is published by Shopify.
BEST OF BOTH WORLDS customer service can be reached at the contact information listed above.
2. General provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTC".
2.1 Purpose of the General Terms and Conditions of Sale:
The General Terms and Conditions of Sale apply exclusively to the online sale of products from SARL BEST OF BOTH WORLDS on its online store only. www.starseed-z.com. They are written in French, and in case of doubt regarding the interpretation of any translation, only the original French version shall be considered authoritative.
Together with the order form validated by the consumer, they constitute the contractual documents binding on the parties.
2.2 Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (GTC) govern exclusively the online sales contracts for products of SARL BEST OF BOTH WORLDS (hereinafter, "the seller") to buyers acting as consumers (hereinafter, "consumers"). They constitute, along with the order confirmation email, the sole contractual document. Under no circumstances can they prevent the exercise of the consumer's right of withdrawal.
2.3 Availability and Enforceability of the General Terms and Conditions
The General Terms and Conditions of Sale are made available to consumers on the website. www.starseed-z.com
By validating the payment, the consumer acknowledges having accepted the entire General Terms and Conditions of Sale without any reservation.
Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions of Sale in effect on the date of the order. The seller is responsible for the storage and reproduction of the General Terms and Conditions of Sale in accordance with Article 1127-1 of the French Civil Code.
2.4 Modification of the General Terms and Conditions of Sale
The seller reserves the right to modify the General Terms and Conditions of Sale at any time, in whole or in part, without warning and without having to pay any compensation to the consumer.
In the event of a change to the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in effect on the day of the order.
2.5 Severability Clause of the General Terms and Conditions
The potential invalidity of one of the clauses in the General Terms and Conditions of Sale does not invalidate the General Terms and Conditions of Sale as a whole; only the clause in question is deemed not to have been written and loses its effect.
The temporary or definitive inapplicability of one or more provisions of the General Terms and Conditions of Sale by the seller shall not be construed as a waiver on its part of the other clauses of the General Terms and Conditions of Sale, which continue to have effect, to its possible advantage.
3. Products
3.1 Characteristics
Consumers who wish to obtain additional information about a product can request it from the seller's customer service department.
The products offered for sale on the site are each described with a description mentioning their essential characteristics, in accordance with Article L.111-1 of the Consumer Code.
The consumer who places an order in the absence of any information about a product is deemed to accept it in the actual condition in which it will be delivered.
Differences may exist, including but not limited to, the actual color of the product, its apparent material, and the finishes (fasteners, buttons, seams, etc.). The consumer cannot claim a slight modification to request a refund or exchange of a product.
Product information is provided subject to typographical errors.
3.2 Compliance
The products comply with the provisions of French law in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.
4. Price
4.1 Selling price
The selling prices are indicated for each of the products offered for sale on the website. www.starseed-z.com, in euros, all taxes included, excluding delivery, transport and/or preparation costs. These additional costs, if any, are mentioned before order validation and are charged separately.
The total amount due by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to change its prices at any time, without notice, either up or down.
In the event of a change in the price of a product after an order has been placed by the consumer, the selling price of the product is the one in effect on the day the order was placed by the consumer.
5. Offer
Online sales offers are available to all consumers located in mainland France and Corsica.
Online sales offers are valid while supplies last (unless a specific duration is indicated).
The consumer's acceptance of the offer is made in accordance with the double-click process: the consumer clicks once to validate their shopping cart, and is then prompted to click a second time to validate the order summary presented to them. This second click allows them to access the secure payment page.
6. Order
6.1 Steps in concluding the online sales contract:
To place an order, the consumer must fill their virtual shopping cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click "add to cart".
The customer is then redirected to a summary page of their choices, which allows them to verify their order and, if necessary, correct or modify it.
Once their choice is confirmed, they must click on the "validate order" button. This second click constitutes full and unreserved acceptance of the General Terms and Conditions of Sale and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must be such as to enable the seller and the carrier to fulfill their obligations under the best conditions.
This includes, but is not limited to, the consumer's contact email address, their full delivery address, their last name, their first name, and their phone number.
The seller is exempt from any liability in the event of an error in entry or partial or incomplete entry on the part of the consumer, without prejudice to the guarantees against hidden defects or the commercial guarantee to which the consumer is legally entitled.
6.2 Order Modification
Any order modification by the consumer after confirmation is subject to the seller's acceptance and the availability of the requested products.
Modification requests can only be considered before the order is prepared. The preparation time is generally 24 (twenty-four) hours, but it may be less, and no guarantee can be given to the customer regarding this time.
The seller is not required to take into account a late request for modification (received after the order has been prepared).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is a dispute (pending, not yet definitively resolved).
In case of refusal, the consumer will be fully reimbursed within a reasonable period, and in any case within 30 (thirty) days.
6.4 Unavailability of ordered products
If one or more products in an order are unavailable, the seller will inform the consumer within a reasonable timeframe and offer a product of equivalent quality and price. If the consumer wishes, they can receive a refund or a credit usable on the site.
7. Contract
7.1 Conclusion
The sales contract is formed when the consumer double-clicks to validate their order.
7.2 Resolution
The contract may be terminated by the seller in the following cases:
- Refusal by the consumer to take delivery of the ordered products,
– Resolution: Return of the package to the sender due to inaccurate information provided.
- Non-payment of the price (without prejudice to any legal action against the consumer).
In all cases mentioned, other than the legal right of withdrawal, the amount of any down payments made remains the property of the seller as compensation.
8. Retraction
From the time of receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify themselves or pay a penalty.
Any return costs are the responsibility of the consumer.
To exercise this right, the consumer must complete and send the withdrawal form, which is located at the end of these General Terms and Conditions of Sale, to the customer service department.
Following this request, the consumer is assigned a return number.
The consumer shall return the products without undue delay, if desired accompanied by the return number to facilitate the processing of their request, to the seller:
BEST OF BOTH WORLDS / STARSEED'Z
621 Blaise Pascal Avenue
77550 Moissy-Cramayel
The consumer will be reimbursed within 14 (fourteen) days of the date of receipt of the products, provided that the products arrive at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and return slip. A return that shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product are the responsibility of the consumer. It is their responsibility to take all necessary measures to ensure the safe return of the product (packaging, protection). In the event of a delivery without signature that is not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.
Without this proof, no refund can be issued. No refund will be processed if the returned product does not arrive at the seller's location.
That's why we strongly recommend that all consumers who want to make a return request a registered delivery with a declaration of the product's value and insurance, and a signature upon delivery.
Proof of delivery is then constituted by the affixing of the BEST OF BOTH WORLDS company stamp on the registered mail slip or by the signature of the person responsible for returns.
8.1 Mediation
In accordance with Article L. 612-1 of the Consumer Code, within one year of their written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, to
SAS Mediation Solution
222 Chemin de la Bergerie, 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr ,
email: contact@sasmediationsolution-conso.fr
9. Payment
The price is payable in full after order confirmation.
Payment is made on a secure, independent platform.
The consumer's bank information is not accessible to the seller. It does not transit through any of their servers. Only trusted third parties responsible for encryption process this information digitally to ensure perfect transaction security and optimal protection of bank data.
The provisions of Article 1359 of the Civil Code are not applicable to sales concluded remotely.
BEST OF BOTH WORLDS accepts CB, Visa, and Eurocard/Mastercard network cards issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited upon confirmation of their order. To this end, they guarantee that they are the holder of the bank card to be debited and that the name appearing on it is their own. The consumer must provide the sixteen-digit number and expiration date appearing on the front of their bank card, as well as, if applicable, the visual cryptogram numbers appearing on the back.
10. Delivery
The seller undertakes to hand over the products to its carrier within 7 (seven) working days (excluding pre-orders) after receipt of full payment for the order. This period is extended to 10 (ten) working days for the following periods: winter and summer sales, "flash" sales and private sales, and the end-of-year holidays (from December 1st to January 10th).
Delivery delays cannot give rise to either the payment or the claim of compensation from the seller in the event that such delay is either attributable to the consumer, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.
The products are delivered to the address indicated by the consumer on the order form.
A consumer who accepts a product without making any reservations to the carrier accepts it as is. They are then barred from making any claim regarding the delivery.
In the event of deterioration or partial loss of the product, the consumer must imperatively formulate reservations upon receipt on the delivery slip, a copy of which is sent to the professional seller, and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must submit a complaint to customer service in order to obtain a replacement of the product or possibly the termination of the sale.
11. Guarantees
All products provided by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's choice, to refund or exchange products that are defective or do not correspond to their order.
Any claim made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS / STARSEED'Z
621 Blaise Pascal Avenue
77550 Moissy-Cramayel
Products covered by warranties must be returned new, complete, and in their original condition and packaging after the claim has been received and confirmed by STARSEED'Z customer service.
The consumer will be reimbursed for the return postage costs no later than thirty days after the seller receives the product.
12. Responsibility
12.1 Transfer of ownership and transfer of risk
The transfer of ownership of STARSEED'Z products to the consumer will only take place after the consumer has paid the full price.
However, the transfer of risk to the consumer will only occur upon delivery, i.e., at the time the STARSEED'Z products are delivered to the delivery address indicated by the consumer.
12.2 Disclaimer of Liability
The seller cannot be held liable for non-performance or improper performance of the contract due to the buyer's fault, the insurmountable and unforeseeable act of a third party to the contract, or force majeure.
Proof of this obligation is provided by presenting the consignment note for the parcels to the carrier.
12.3 Defective product
In the event of damage caused by a defective product, the consumer must seek the responsibility of the manufacturer, who can be identified from the information on the product packaging.
13. Termination Clause
The termination of the order in the cases provided for in these General Terms and Conditions of Sale will be pronounced by registered letter with acknowledgment of receipt and will be acquired ipso jure without judicial formality.
14. Intellectual property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All texts and images presented on the seller's online sales site are reserved worldwide under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general terms and conditions of sale.
Any reproduction and distribution of these elements, without the prior written authorization of the publisher, exposes offenders to legal proceedings for copyright infringement.
15. Dispute Resolution
All complaints should be addressed to the following address:
BEST OF BOTH WORLDS / STARSEED'Z
621 Blaise Pascal Avenue
77550 Moissy-Cramayel
In the event of a dispute between the seller and the consumer, the consumer may initiate a conciliation procedure directly with the seller in order to resolve the dispute, without the intervention of a third party, whether natural or legal.
16. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site. For any dispute relating to these General Terms and Conditions of Sale, the competent court shall be that of the seller's place of residence (www.starseed-z.com).
17. Applicable Law
The parties agree to resort to mediation to try to find an amicable solution to their dispute and to only bring the matter before the court if the mediation fails.
These General Terms and Conditions of Sale are governed by French law.