General Terms and Conditions of Sale of Balmain.com
The offer and sale of products on our website ("www.balmain.com") are governed by these General Terms and Conditions of Sale. The products purchased on www.balmain.com are sold directly by PIERRE BALMAIN, a Société par Actions Simplifiée (simplified joint stock company) with a capital of 2,140,725 euros, registered in the Paris Trade and Companies Register under number 582 054 862 and domiciled at 44, rue François 1er, 75008 Paris (the "Seller").
1. Orders on the Maison Balmain website
The e-commerce services of the website www.balmain.com are intended exclusively for non-professional private customers for their own use (or for gifts within the circle of family and friends).
Thus, by accepting these General Terms and Conditions of Sale before confirming your order, you declare that you are in full legal capacity to commit yourself under these General Terms and Conditions of Sale and that your purchase of products on the website www.balmain.com is not directly related to a professional activity and is limited to strictly personal use.
If you are not acting within this framework, you are not authorised to order on the www.balmain.com site and we ask you not to make any purchases on www.balmain.com.
Purchase requests from countries not listed on the home page cannot be accepted by the Seller.
The Seller reserves the right not to accept orders from any unauthorised person or orders that do not comply with these General Terms and Conditions of Sale, in particular abnormal orders within the meaning of the relevant case law, for example in quantities that do not correspond to the usual average needs of a household (for one or more cumulative orders) or that are the subject of reports or suspicions of fraudulent or illegal activities. If this is the case, the order may be cancelled by the Seller.
These General Terms and Conditions of Sale are intended to apply to orders placed with the Seller on www.balmain.com. They do not govern the provision of services or the sale of products from companies other than the Seller, including when they are accessible via links, images or any other hypertext content present on the website www.balmain.com. In this context, we recommend that you check the general conditions of the third party vendor. The Seller shall in no way be held responsible for any transaction between users of the www.balmain.com website and third parties.
All orders placed on www.balmain.com require the prior acceptance of these General Terms and Conditions of Sale.
2. Online purchase process
2.1. In order to make a purchase and allow the execution of the contract for the sale of the products on www.balmain.com, you must fill in the online order form and send it to the Seller, electronically, following the instructions provided.
2.2. Before purchasing the products, please read carefully these General Terms and Conditions of Sale and the Return Policy, print a copy and keep it for your personal use.
2.3. Visit www.balmain.com to order your products:
• Browse the online shop to choose your products
• Click on the product, select the desired quantity and click on "add to basket"
• Click on "view basket", you can then modify the quantities and the desired products or return to the catalogue;
• Validate your basket and thus your selection of product(s) and follow the instructions
• Choose the delivery method, enter your delivery and billing details
• Choose your payment method
2.4. Confirmation of your order online
The order confirmation page, which is displayed immediately prior to the conclusion of the sales contract, contains a summary of each of the products ordered, the price (including any applicable taxes), the shipping costs (including any additional costs that will be charged to you if you choose a different and/or faster shipping and delivery method instead of standard delivery), delivery and payment information.
Before validating your order form, we ask you to check and correct any errors in your order data.
When validating the order form, you will be asked
1- to confirm that you have read and accepted these General Terms and Conditions of Sale
2- and on the other hand, to confirm that this validation of the form by you implies the obligation to pay the price of the products concerned by clicking on "Payment" which entails the conclusion of the sales contract and your obligation to pay.
Otherwise, no order can be placed.
If you do not agree with any of the provisions of these General Terms and Conditions of Sale, we invite you not to validate an order.
2.5. Once the payment has been validated, a page is displayed with your order number and a summary of the delivery information and the chosen method of payment. You will receive by e-mail, an acknowledgement of receipt of your order on which will appear the number of your order, the summary of your order (essential characteristics of each of the products ordered and their price per unit (including applicable taxes), the shipping costs, the means of payment used for your purchase, the total amount paid and the terms of delivery of the products purchased, the address and means of contact of the Seller, as well as a reminder of the delivery times of the products (which may not exceed 30 days from the order), a copy of these GTCS and a standard withdrawal form allowing you to exercise this right if the conditions allow it. The Seller will then process your orders.
2.6. The Seller reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or for any other reason relating to the abnormal nature of the order (order presenting insufficient guarantees in terms of solvency, considered incomplete or incorrect, or in the event of unavailability of products). In this case, the Seller will inform you by e-mail of the non-execution of the contract and of the fact that the Seller has not followed up on your order, with justifications. In the event that the products presented on www.balmain.com are no longer available or on sale at the time of receipt of your order, the Seller shall be obliged to inform you of the unavailability of the products ordered within thirty (30) days from the day following the transmission of your order to the Seller. If you have already paid for the products ordered, the Seller will take steps to refund you as soon as possible, and the contract between the parties will be considered terminated.
In order to limit fraud and in the interest of its customers, Pierre Balmain carries out checks on orders placed on its site. Thus, if there is any doubt as to the authenticity of an order, Pierre Balmain reserves the right, in order to accept the sale, to ask you to prove your identity (copy of passport, national identity card or driving licence). In this case, your order will be processed as from the receipt of these documents. Pierre Balmain reserves the right to cancel your order if it does not receive these documents within 10 days or if it receives documents that are deemed to be non-compliant.
3. Products purchased by pre-order
3.1. In some cases, the Seller will give you the possibility to pre-order one or more products that are not currently offered for sale on the www.balmain.com website, as they are part of the new collection to come. The products offered for pre-order will be specially mentioned on their product sheets. The Seller will indicate for each item concerned the estimated shipping date and will send you a confirmation e-mail as soon as the package is shipped. If your order contains both available and pre-ordered products, they will be shipped on different dates and you will only have to pay the shipping costs once. If your order contains only pre-ordered products, the products will be sent in one package on the latest estimated shipping date.
3.2. Payment for pre-ordered products can only be made by credit card. Your bank account will not be debited until the ordered products have been sent. Once the order is placed, the Seller will ask your bank to verify the information provided. Please note that confirmation of the validity of your card can be obtained by paying one euro (€1), subject to authorisation. This authorisation is not a cost and your account will only be debited when the goods are dispatched.
4. Our offers
4.1. Essential characteristics of the products
The essential characteristics of the products are presented on each of the product sheets on the website www.balmain.com. However, it is possible that the images and colours of the products offered for sale on www.balmain.com do not correspond exactly to the real articles depending on the Internet browser and the screen used.
All products are delivered with an identification label attached with a disposable seal.
The selling prices of the products are indicated in several currencies of payment and can be modified at any time by the Seller. The prices applied are those indicated and in force at the time the Buyer places the Order.
These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs shall be indicated before the Buyer places the Order. The different shipping methods are proposed to the Buyer at the time of placing the order.
For orders outside the European Union, depending on the country of destination, the Buyer may have to pay customs duties and import taxes. The precise terms and conditions of customs duties and taxes are available in the "Shipping and Delivery" section of the Customer Service area of the site.
The prices are applicable and the offers valid as long as they are visible on the site www.balmain.com.
Product prices may vary. Before sending the order form, please check the final price indicated. If the Seller finds an error in the price or calculation of the amount required at the time of payment, the Seller will contact the user to give him/her the opportunity to purchase the product(s) concerned at the correct price.
However, errors in pricing or availability may occur due to problems of desynchronisation of feeds and due to human error. In the event of a price error or unavailability of the product ordered, the Buyer will be alerted by the Customer Service as soon as this event is known. In such a case, the order of the unavailable products or those affected by a price error will be cancelled and the Seller will proceed to the reimbursement of the sums paid on behalf of the Seller.
4.3. Shipping and delivery
For information on the shipping and delivery process of products, please visit the Customer Service area. Please read this section carefully. The information provided here forms part of these Terms and Conditions. You can choose to receive the products you have purchased at the address of your choice or at one of the BALMAIN shops in your country/region listed on www.balmain.com.
If you are offered the option "Pick up in shop" and you have chosen to pick up your items in shop by selecting it, we will send you an e-mail when they have arrived at their destination.
In this case, you will have a period of 20 days from the date of dispatch of the above-mentioned communication to collect the purchased goods from the shop you have chosen. If you do not collect the goods within the aforementioned period of 20 days, the sales contract will automatically be considered terminated by you. It will then no longer be possible to collect the goods, which will be returned to the Seller by the staff of the previously selected shop. Following the cancellation of the sales contract, you will be refunded the amount paid within the period established by the Return Policy.
When you come to the shop to collect your order, you must present the sales team with a copy of the order dispatch confirmation e-mail and a valid form of identification. We remind you that it is not possible to make payment in the shop. Therefore, the option of cash on delivery is not available when you choose delivery in the shop.
For more information about the conditions of shipment and delivery of items to a pre-selected address or to a selection of BALMAIN shops, please consult the Customer Service area.
5. LEGAL GUARANTEES
The products offered for sale on the website www.balmain.com benefit from the legal guarantees set out below. The terms and conditions for implementing these guarantees are explained in our Return Policy.
5.1. Legal guarantee of conformity
All items sold by the Seller are covered by a legal guarantee of twenty-four (24) months, in case of lack of conformity, as provided for by articles L. 217-4 to L. 217-14 of the Consumer Code. You must inform the Seller of the existence of a lack of conformity (damaged products or products that do not correspond to the order) within two (2) years from the delivery of the item concerned. In the case of new items, you are not required to prove the existence of a lack of conformity.
If an item has a lack of conformity, you can either have it repaired or replaced. If these remedies are impracticable or seem disproportionate, you can ask the Seller to apply an appropriate reduction to the purchase price or demand that the contract be terminated.
5.2. Legal guarantee against hidden defects
The products benefit from the legal guarantee against hidden defects (e.g., with a material, design or manufacturing defect affecting the products delivered and making them unfit for use) provided for in Articles 1641 to 1649 of the Civil Code, which is limited to 5 (five) years after the purchase.
Under these guarantees, the Seller undertakes, according to your choice, to reimburse you or to offer you a reduction in the sale price of the products concerned.
In this case, you must send a written request to the Seller within 2 years from the discovery of the defect, in order to obtain a refund of the Product(s) or request a reduction on the price paid.
5.3. Main legal texts concerning the above guarantees:
Article L217-4 of the Consumer Code
"The goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, which was made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4° It is updated in accordance with the contract.”
Article L217-5 of the Consumer Code
"I. In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller shall not be bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract the public statements had been corrected in a manner comparable to the original statements; or
3° That the public statements could not have influenced the purchase decision.
III. The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed at the time of conclusion of the contract.”
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them."
Article 1648 al 1st Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
5.4. Guarantee exclusions
Any guarantee is excluded in case of modification, misuse, negligence or lack of maintenance on your part, as well as in case of normal wear and tear of the product, accident or force majeure. The guarantee is limited to the replacement/repair/partial or total reimbursement of products that do not conform or are affected by a defect. You are solely responsible for the choice of products, their conservation and their use in accordance with the precautions for use.
For the payment of the price of the products and the costs related to shipping and delivery, you must follow the procedures indicated in the order form. Under no circumstances will you be charged for amounts in excess of the prices displayed by the Seller, depending on the payment method you have chosen.
The means of payment accepted on the Site are the following: Credit card (Visa, Bank of America, American Express), Apple Pay, PayPal.
In the case of payment by credit card, all information (for example, card number or expiry date) will be transferred, by means of an encrypted protocol, to our bank providing the remote electronic payment service, without third parties having access to it under any circumstances. This information will be used by the Seller only to carry out procedures related to your purchase, or to issue refunds in the event of the return of products, in accordance with the Returns Policy, or if it is necessary to report the occurrence of fraud to the competent authorities at www.balmain.com.
The prices for the purchase of the products and the shipping and delivery costs are indicated in the order form. They will be debited from your account when the items are shipped.
7. Right of withdrawal, return policy
You can find information on our Returns Policy, including the terms and conditions of any refund, which forms part of these Terms and Conditions of Sale.
Please note that in accordance with article L223.2 of the French Consumer Code, the Buyer may exercise his right to register on the opposition list to telephone canvassing on the website http://www.bloctel.gouv.fr
9. Applicable law and dispute resolution
All sales made via www.balmain.com as well as the present General Terms and Conditions of Sale are governed by French law, in particular the Consumer Code.
In the event of a dispute between the seller and the customer, they shall endeavour to find an amicable solution.
In the absence of an amicable agreement, the customer is entitled to refer the matter free of charge to the consumer ombudsman to which the seller belongs, i.e. the Association of European Ombudsmen (AME CONSO), within one year of the written complaint being sent to the seller.
The referral to the consumer ombudsman must be made:
- either by filling out the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- or by mail addressed to AME CONSO, 197 Boulevard Saint Germain - 75007 PARIS.
Any difficulty or dispute concerning the orders and/or these General Terms and Conditions of Sale, not settled by mediation, shall fall within the exclusive jurisdiction of the French courts, namely either those with territorial jurisdiction under the Code of Civil Procedure or those of the place where the Buyer resided at the time of the Order or the place where the harmful event occurred.
10. Amendments and updates
The General Terms and Conditions of Sale are regularly amended and take into account any changes in legislation. The new General Terms and Conditions of Sale will only apply to sales made after the date of publication on the website www.balmain.com.