article 1. preamble
1. the Sabinor company, a limited liability company with capital of 500,000 euros with its head office at 77 | 79 boulevard Alexandre Martin in Orléans (45000) and identified under the unique number 79754879900023 RCS Orléans (hereinafter “the company” or “Sabinor”) allows Internet users to purchase products that Sabine Be markets, via its online store specific on the site sabinebe.com (hereinafter the “site”), sunglasses equipped with non-prescription lenses, glasses optics equipped with non-corrective lenses, as well as products from the Sabine Be brand.
2. any order placed with sabine be, on the e-commerce space dedicated to it within the site requires prior acceptance of these general conditions of sale (hereinafter the “CGV”).
3. the buyer has the option of saving and printing these general terms and conditions using the standard functionalities of his browser or computer.
4. the buyer declares to have obtained all the necessary information regarding the use of the online sales space and the quantitative as well as qualitative characteristics of the products.
5. the buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general terms and conditions does not require the handwritten signature of this document.
6. the buyer’s agreement regarding these general terms and conditions occurs during the order, no order is possible without this agreement.
7. the buyer also declares that the acquisition of the products is not directly related to his professional activity, their acquisition being exclusively intended for private and non-professional personal use on his part.
8. as a consumer, the buyer has specific rights which could be called into question in the event that the products purchased on the site are related to his professional activity.
9. the buyer declares to be of legal age and to have full legal capacity allowing him to commit to these general terms and conditions.
article 2. acceptance of the CGV
10. acceptance of these general terms and conditions in the form of a “double positive click” constitutes proof that the buyer has read these provisions and constitutes acceptance of these conditions.
article 3. definitions
11. the terms below will have, for the parties, the following meanings:
“acknowledgement of receipt”: email sent to the buyer summarizing the order placed by the buyer and confirming its receipt;
“positive double click”: the click is the electronic formulation of “yes” or of acceptance. the positive double click technique means a check box which marks the buyer’s agreement and a second click which marks confirmation of this agreement. the click is said to be “positive” as soon as the choice is given to the buyer to validate their acceptance of the general terms and conditions and their order, after having been able to verify the details and the price, and having corrected any errors;
“cart”: order interface in which the products chosen by the buyer are found;
“order number”: number communicated in the acknowledgment email sent to the buyer
“product”: fitted sunglasses non-corrective lenses, optimal glasses equipped with non-corrective lenses, as well as accessory products from the Sabine Be brand (jewelry, accessories, fashion wear, etc.) offered for sale on the online sales store of the selected store (hereinafter the or the “products”).
article 4. object
12. the site is an e-commerce site accessible via the internet and/or mobile networks. it allows products to be offered for sale to any adult browsing the site.
13. the purpose of these general terms and conditions is, on the one hand, to inform any potential buyer of the conditions and modalities under which sabine be carries out the sale and delivery of the products ordered and on the other hand, to define the rights and obligations of the buyer and sabine be in the context of the sale of the products referred to above carried out between the latter.
14. the order placed by the buyer as well as the related payment is made on the site with sabine be.
article 5. opposability of the general terms and conditions
15. the buyer declares to have obtained from sabine be all the necessary information regarding the services and products offered and adheres unreservedly to the general terms and conditions.
16. the version of the general terms and conditions applicable to the buyer is that accepted at the time of validation of the order.
17. these general terms and conditions are offered in French.
article 6. recommendations
18. for sunglasses equipped with non-prescription lenses: it is essential to find out about the different categories of protection.
19. the products are delivered in their original packaging. in the event of intolerance to said products, sabine be cannot be held responsible.
20. these recommendations are of an informative nature.
article 7. online information
25. as part of the sale of products on the site, sabine be offers a description of the products in the form of product sheets. As such, the greatest care is taken to put online information relating in particular to the essential characteristics of the products offered for sale, guarantees, payment and delivery terms, prior to placing the order.
26. sabine be declines all responsibility in the event of misuse of the information provided and the consequences which could result therefrom, in particular in terms of the decisions which could be taken or the actions which could be taken based on this information.
27. as such, the buyer remains solely responsible for the use of the information.
article 8. creation of an account – username and password
28. in order to place an order on the site, the buyer must first create an account which is associated with a personal identifier and password that the buyer has chosen (hereinafter the “account”).
29. the creation of this account is done online, at no additional cost. it is based on a declarative procedure allowing the buyer’s contact details to be entered (surname, first name, postal address and email address, telephone number). the buyer must ensure that they provide complete contact details and update them regularly (by going to the “your account” area of the site).
30. the buyer must take all necessary measures to ensure that their password remains confidential and secure.
31. the buyer is solely responsible for the validity and completeness of the information he has communicated.
article 9. order
9.1 choice of products
32. the buyer acknowledges having read the nature, destination and terms of use of the products available on the site and having requested and obtained necessary and/or additional information to place his order with full knowledge of the facts.
33. the buyer is solely responsible for his choice of products and their suitability to his needs, such that sabine be liability cannot be sought in this regard.
9.2 product availability
34. in the event of total or partial unavailability of products after placing the order, the buyer will be informed by email as soon as possible of the unavailability of the product and the total or partial cancellation of their order.
35. in the event of total or partial cancellation of the order:
the buyer will be refunded the price of the unavailable product(s) as soon as possible and, at the latest, within 30 (thirty) days from payment of the amount made by the buyer;<br/ >the refund will be made by the same means of payment that the buyer used to pay for their order;
sabine be will contact the buyer by email to inform them of the total or partial cancellation of the order and offer him renew.
9.3 order taking
36. Orders placed by the buyer are made via the basket.
37. any order accepted by the buyer by “positive double click” constitutes acceptance of said order and these general terms and conditions.
9.4 confirmation of contractual information
38. the order will be confirmed by email as soon as possible.
39. this confirmation will include in particular the following contractual information:
the name of the seller of the product (sabine be), their telephone details allowing you to contact them, the address of their head office and, if different, the address of the establishment marketing the products ordered;
the place where the buyer can collect the products or the delivery address indicated by the buyer;
the payment terms, the total amount of payment;
the existence the right of withdrawal;
contact details of the establishment to which the buyer can submit his complaints.
10.8 receipt of the product at the address indicated by the buyer:
a/ delivery terms
40. once the order has been processed, it is shipped to the delivery address provided by the buyer when placing the order.
41. for deliveries outside metropolitan France, customs taxes are the responsibility of the buyer.
b/ delivery times
42. the products are delivered within a maximum period of ten (10) working days from the day of the order.
deliveries in France and Europe will be delivered between 24 and 48 hours.
43. Sundays and public holidays are not considered working days.
44. in the absence of delivery at the end of this period, the buyer has the possibility of canceling his order under the conditions provided for in the article “delay in delivery” of these general terms and conditions.
c/ late delivery
45. in the event of exceeding the aforementioned maximum delivery time, the buyer may exercise his right to terminate the order by email with acknowledgment of receipt to customer service at the following address: contact@pro.sabinebe.com or by registered mail with acknowledgment reception at sabine be.
48. the buyer will be reimbursed for all sums paid (delivery costs included), according to the payment method used within a maximum period of fourteen (14) days from receipt of the complaint, excluding any other compensation.
d/ reception
49. each delivery is deemed to have been made as soon as the product(s) are made available to the buyer by the delivery person.
50. it is up to the buyer to immediately check upon receipt of the product(s), the conformity and integrity of the product(s) shipped.
51. any anomaly or reservation identified by the buyer at the time of delivery (in particular late delivery, missing or damaged product) must be precisely reported to customer service at the following address: contact@pro.sabinebe.com.
9.3 price
52. Prices are indicated in euros including all taxes applicable in mainland France. they take into account the value added tax (VAT) on the day of the order.
53. the sales price applicable to the buyer is that appearing on the site on the day the order is validated by the buyer.
54. Furthermore, if a tax or contribution is created or modified, upwards or downwards, this change will be reflected in the sales price of the products present on the site and sales documents.
55. prices do not take into account shipping costs.
56. shipping costs are mentioned in the quote summary before validation of the order and are invoiced additionally.
57. It is specified that any promotions granted in the form of discount vouchers are only valid for one order per person and over a given period of validity and cannot be combined with other promotional offers.
9.4 conservation – archiving
58. the conservation of the writing, noting the buyer’s order, is ensured for a period of ten (10) years from the delivery which was the subject of the order. access at any time during this same period is guaranteed.
59. a copy of these documents will be sent to any buyer who requests it during the aforementioned deadlines to the address contact@pro.sabinebe.com.
9.5 payment method
60. Orders are payable immediately online or by credit card (amex, credit card, visa, mastercard).
61. sabine be reserves the right to suspend and/or cancel any execution of the order, whatever its nature and level of execution, (i) in the event of non-payment or partial payment of any sum which may be due by the buyer, (ii) in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site (iii) in the event of non-presentation of the original order or (iv) in the event of a dispute existing with the buyer.
62. the order is only final when it has been confirmed by payment of the price by the buyer, it being specified that payment by bank card triggers a systematic request for debit authorization and that any rejection, whatever it may be the cause involves the abandonment of said order. the buyer will be informed.
9.6 security
63. the site is subject to a security system using the SSL encryption process which protects all data linked to means of payment as effectively as possible.
article 10. retention of title
64. sabine be retains full ownership of the products sold until full payment of the price, taxes and compulsory contributions included.
article 11. minors
65. sabine be sells products for children. if the buyer is under 18 years old, he can only make the purchase with the prior written consent of his legal representative.
article 12. guarantees
66. information concerning any guarantees relating to the products offered for sale (in particular duration, conditions and specific terms of the guarantee depending on the products and brands concerned) is distributed online where applicable.
67. regardless of any guarantees granted, sabine be remains required to:
(a) the legal guarantee of conformity (art. l. 211-1 to l. 211-4 of the Consumer Code)
a good is compliant, according to l. 211-5, when it is either:
– suitable for the use usually expected of a similar good, if applicable, etc.: (i) that it corresponds to the seller’s description and possesses the qualities presented in a sample or model and (ii) that it presents the qualities that a consumer can legitimately expect following the public declarations of the seller, producer or representative (advertising, labeling, etc.). the declarations of these last two professionals do not bind the seller when the latter does not know them and is not in a legitimate position to know them.
– presents the characteristics defined by the parties or be suitable for the special use sought by the buyer, known to the seller and accepted.
the action to guarantee conformity is prescribed 2 years from the delivery of the goods. the consumer can obtain the termination of the contract or the reduction of the price of the good if the defect is major and the time limit for the chosen solution exceeds 1 month from the request or if no means is feasible.
(b) the legal guarantee against hidden defects (art. 1641 to 1649 of the civil code)
the seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
the professional is not liable for apparent defects of which the buyer was able to convince himself, but for hidden defects, even if he is not aware of them, unless, in this case, he does not has stipulated that it will not be obliged to provide any guarantee. the defect must predate the sale and render the products unfit for the use for which they are intended.
The buyer has the choice of returning the item and having the price refunded or keeping the item and having part of the price refunded. the deadline for taking action is 2 years from the discovery of the defect.
the legal guarantee applies independently of any commercial guarantee granted.
68. in the event of failure, the buyer must return the product to sabine be.
69. the guarantee is excluded in the event of damage resulting from a cause external to the product or from a fault of the buyer resulting for example from use not in accordance with the manufacturer’s specifications, the instructions or the corresponding medical prescription, ‘a use harmful to the good conservation of the product, a use of a commercial or collective nature.
article 13. liability
70. sabine be cannot be held liable when the non-performance of its obligations is attributable either to the actions of a third party or the buyer or to a case of force majeure as defined by French case law.
71. similarly, sabine be cannot be held responsible for any inconveniences or damages inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of a computer virus.
72. in addition, no liability can be incurred by sabine be in the event of misuse of the product by the buyer.
article 14. right of withdrawal
73. the buyer has a period of fourteen (14) clear days from the day of receipt of the order, to exercise their legal right of withdrawal without having to provide reasons or pay penalties.
74. To this end, the buyer must complete the standard withdrawal form downloadable here and send it by email with acknowledgment of receipt to the following address: contact@pro.sabinebe.com or by registered mail with acknowledgment of receipt to the following address: sabine be customer service, 77 | 79 boulevard Alexandre Martin in Orléans (45000). when the fourteen-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
75. the products must be returned within fourteen (14) days from the withdrawal request, at the buyer’s expense, in their original packaging. the products must be accompanied by a copy of the purchase invoice and a copy of the withdrawal form previously sent to customer service.
76. the buyer exercising his right of withdrawal will obtain a refund corresponding to the amount of the order for the returned products (including, where applicable, delivery costs).
77. the refund will be made via the payment method used when ordering, from receipt of the products by sabine be.
78. in accordance with article l. 121-21-8, 5° of the Consumer Code, for reasons of hygiene and conservation of the products, the buyer will not be able to exercise his right of withdrawal when the packaging of the products has been opened.
79. in any case, no refund will be made in the event that the products have been damaged by the buyer or in the event of missing products.
article 15. personal data
15.1 collection and processing of personal data
80. in accordance with the provisions of the law of january 6, 1978 relating to data processing, files and modified freedoms, the buyer is informed in particular that his data is intended for sabine be seller of the products, and where applicable to the carrier, for the purposes of:
- management and monitoring of site registration and customer relations;
- management and tracking of orders, their payment, their delivery;
- behavioral segmentation;
- commercial prospecting.
81. The fields identified in the forms on the site by an asterisk are mandatory. otherwise, access and registration to the site, or the processing of requests could be affected or made impossible.
82. some of the data collected may be communicated to commercial partners of sabine be for commercial prospecting purposes, subject to the express and prior consent of the buyer.
83. the buyer is informed that he has a right of access, questioning, and rectification which allows him, if necessary, to have personal data concerning him rectified, completed, updated, blocked or deleted .
84. the buyer also has a right to object to the processing of their data for legitimate reasons as well as a right to object to this data being used for commercial prospecting purposes by sabine be.
85. all of these rights are exercised at the following address: contact@pro.sabinebe.com.
86. the buyer is entitled, following a written request accompanied by a copy of an identity document, to receive a copy of the information on the processing of the data which concerns him.
87. the buyer expressly authorizes sabine be to collect his personal data for the execution of his requests and to host them.
15.2 updating of personal data
88. in order to be able to update the personal data which concerns him, the buyer undertakes to provide all the information requested.
89. in order to receive the best possible service, he undertakes to regularly update the information which concerns him. in this regard, he sends an e-mail to the address contact@pro.sabinebe.com or makes the modifications via his “my account” space.
15.3 geolocation
89. the buyer is informed that the site can use geolocation technologies with their agreement in order to personalize the use of its services.
90. the data collected may include GPS coordinates, the IP address of the terminal used, or information concerning the buyer’s location when using the site.
91. this data is kept temporarily and is deleted regularly.
92. the geolocation data is anonymized and in no way allows the identification of the buyer.
15.4 cookies
93. the buyer is informed that during his visits to the site, a cookie may be installed, subject to his agreement, on his browser software.
94. the cookie is a block of data which is used to record information relating to the buyer’s navigation on the site and in particular aims to signal the buyer’s passage on the site and allow him access to the space purchase from the site.
95. cookies allow status information to be retained when a browser accesses the different pages of the site or when this browser subsequently returns to this site.
96. some of these cookies have the exclusive purpose of enabling or facilitating electronic communication.
97. others are strictly necessary for the provision of an online communication service at your express request.
98. finally, when a user visits the site, sabine be collects information relating to the connection and behavior of visitors for statistical purposes (number of visitors, pages visited).
99. this information does not allow direct identification of users and sabine be does not take any steps to identify them. in particular, it does not establish any cross-referencing or reconciliation between the personal data requested from you, for example in the forms on the site or when you connect to your space, and the information necessary for statistics, to identify you.
100. sabine be uses google analytics, a website analysis service provided by google inc. (“google”).
101. the data generated by cookies concerning your use of the site (including your IP address) will be transmitted and stored by Google on servers located in the United States. Google entities are members of the safe harbor and ensure an adequate level of data protection (decision 2000/520/EC of 26-7-2000).
101. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for its publisher and providing other services relating to site activity and use of the site. ‘internet.
102. you can go to http://tools.google.com/dlpage/gaoptout to object to Google Analytics cookies being installed on your terminal.
103. your attention is drawn to the fact that when you object after having consented to the installation of cookies, a refusal cookie is installed on your electronic communications terminal equipment. in particular, if you delete this refusal cookie from your terminal, it will no longer be possible to identify you as having refused. similarly, when you consent to the installation of cookies, a consent cookie is installed. whether consent or refusal, cookies must remain on your terminal equipment.
article 16. proof convention
104. computerized records kept in the computer systems will be kept in reasonable security conditions and considered as proof of communications, orders and payments made between the parties. they are authentic until proven otherwise.
105. the archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
article 17. respect for the integrity of the elements accessible on the online sales space
106. the buyer undertakes not to damage, illegally access or modify the data stored on the server.
article 18. general provisions
18.1 good faith
107. the parties agree to perform their obligations in perfect good faith.
18.3 tolerance
108. the parties mutually agree that the fact of one party tolerating a situation does not have the effect of granting acquired rights to the other party.
109. moreover, such tolerance cannot be interpreted as a waiver of the rights in question.
18.4 titles
110. in the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
18.5 nullity
111. if one or more stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a decision made final by a competent court, the other stipulations will retain all their strength and reach.
18.6 full
112. the general terms and conditions express the entirety of the obligations of the parties.
article 19. applicable law – dispute
113. the general terms and conditions are governed by French law.
114. this is the case for the substantive rules and the formal rules, notwithstanding the places of performance of the substantial or accessory obligations.
115. any dispute concerning the scope, existence, validity, interpretation and application of these general conditions of sale will be settled amicably between the parties or, failing that, by the competent courts.
116. the buyer is informed that he can in any case resort to conventional mediation, in particular to the consumer mediation commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution ( conciliation, for example) in the event of a dispute.
