Preamble
These general conditions of sale govern all contracts for the sale of products belonging to SAS Beeche, whose headquarters are located at 113 rue Royale in Lille (59800), registered in the RCS Lille Metropole under number 881 759 179 and its customers.
The customer acknowledges that he/she has read and understood the general terms and conditions of sale set out below. Placing an order via the Internet automatically implies your acceptance of our general terms and conditions of sale.
In case of non-compliance with these conditions by the buyer, the company SAS Beeche reserves the right to cancel all or part of the orders in progress or to suspend deliveries of goods.
Article 1: Applicable law
As the company has its registered office in France, the law applicable to any sales contract is French law.
Article 2: Scope of application
These conditions apply to the sale of products by the company Beeche via the site www.beeche.fr.
Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these "general conditions of sale", to the exclusion of all other documents such as prospectuses, presses, catalogues or e-mailings issued by the seller, which are only indicative.
All clauses and conditions contrary to these General Conditions of Sale appearing on order forms and more generally on any type of correspondence from the buyer will be deemed unwritten and have no contractual value between the parties. These General Conditions of Sale can only be waived by express written agreement of the company Beeche.
The information contained in catalogues, prospectuses, advertisements, notices or other documents of Beeche are given only as an indication and do not commit the company which can modify them at any time.
The photographs of the products are given only as an illustration, it is possible that the product differs from what is displayed. The information provided by the photographs does not commit the company Beeche which may modify them at any time.
Beeche reserves the right to correct any accidental material error or omission on these Terms and Conditions, as well as on any other contractual document.
Article 3: Legal information
Article L 3342-1 of the Public Health Code stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited. By filling in the order form, the Buyer undertakes to be at least eighteen (18) years old on the date of the order.
Alcohol abuse is dangerous for your health. Drink in moderation.
Article 4: The online shop - orders
All orders must be placed through the Online Shop: www.beeche.fr.
The commercial offer of the company Beeche relates to all the products presented in the catalogue of the Online Shop. The online shop mentions the essential characteristics of each product, its price, the amount of shipping costs.
The order is confirmed by the company Beeche by sending an email to the buyer.
Article 5: Validity of the order
The Beeche company reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered, by means of one or more orders, are abnormally high compared to the quantities usually ordered by the purchasers as consumers.
Article 6: Stock availability
Products are delivered while stocks last.
In case of unavailability of the ordered product or a delay in delivery, the company must reimburse the customer within 14 days of the request for reimbursement.
The customer may, if he/she wishes, obtain an equivalent product instead of the product ordered.
Article 7: Prices
The prices of our products are in euros, all taxes included, excluding shipping costs.
The buyer is bound by an obligation to pay the price at the time of ordering on the Online Shop.
The prices invoiced for the products are those shown on the Online Shop on the date of confirmation of the order by the buyer.
The Beeche company reserves the right to modify the prices in force on the Online Shop at any time. The price change will be automatically applicable on the date of publication of the price change on the Online Shop.
All orders, regardless of their origin, are payable exclusively in Euros.
Shipping costs, customs duties and formalities are the exclusive responsibility of the customer.
Article 8: Payment
Payment for the products must be made in full at the time of ordering, i.e. :
by transfer to our bank account with the following references FR76 3000 4005 1500 0108 5992 107.
The Beeche company reserves the right to modify the available means of payment at any time.
For all orders over 500 € in France and 250 € in Europe, you will be asked to make the payment by bank transfer with information from the bank of the effectiveness of the transfer.
In accordance with the provisions of Article L 441-6 of the French Commercial Code, in the version in force on 1 January 2013, any sum not paid within thirty days of the due date shall be increased by the legal interest rate plus three points. Late payment penalties are payable without any reminder being necessary. A fixed indemnity of €40, as set by decree no. 2012-115 of 2 October 2012, shall be due for collection costs in the event of late payment.
Article 9: Payment and delivery terms
The ordered products are delivered to the address indicated by the customer. The parcel will be delivered to the recipient by a service provider of our choice.
All orders are processed by the Internet customer service of the company Beeche and shipped from Monday to Friday inclusive, except holidays.
The average delivery time is 2 to 3 working days. It may be extended in periods of high activity or in case of exceptional closure. The delivery time will be a maximum of 30 days. Beyond this period, the customer has the right to claim a refund within 14 days of the complaint.
It is expressly agreed that the buyer becomes responsible for the products upon delivery, the transfer of possession being equivalent to the transfer of risk.
Article 10: Reservation of ownership
The company Beeche retains full ownership of the products until full payment of their price, in principal and interest, by the buyer.
Until full payment has been made, the buyer undertakes not to resell the unpaid products, not to dispose of them and to take all measures to ensure that these products are kept in the state in which they were delivered and that they remain identified as the property of the company.
Article 11: Dischargeable circumstances
The Beeche company is released from its obligations by the occurrence of events constituting force majeure, fortuitous events or acts of God.
In this respect, the following events in particular are considered to be cases of force majeure or fortuitous events:
fire, flood or any other accident causing the complete or partial destruction of stocks and supplies of the Beeche company; strike, lock-out without it being necessary to find out by whose fault the movement has arisen; the occurrence of a natural disaster, war, pandemic episode;the lack of motive power or raw materials resulting from a general cause, such as in particular the stop of transport, the interruption of electric current, the breakage of machine; any cause of rupture of supply imputable to the suppliers of the Beeche company.
The sales contract binding the Beeche company to the buyer is then automatically suspended, without compensation, from the date of occurrence of the event.
Article 12: Right of withdrawal of the buyer
Exercising the right of withdrawal
The buyer has a period of fourteen (14) days following receipt of the order to exercise his right of withdrawal, without having to give any reason.
In order to exercise his right of withdrawal, the buyer must notify his decision by means of a clear and precise statement devoid of any ambiguity.
The buyer's declaration of withdrawal must include the following information: name of the buyer, geographical address and, if applicable, telephone number, fax number and e-mail address. If the product was received by a third party other than the purchaser, the latter must indicate the contact details of this third party in the declaration of withdrawal.
The declaration may be made by any means at the company's registered office.
Upon receipt, the Beeche company will communicate to the buyer, without delay an acknowledgement of receipt of the withdrawal on a durable medium.
The buyer may not avail himself of his right of withdrawal in the event that the goods in question have been made to the buyer's specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly.
The right of withdrawal cannot be exercised for products that have been unsealed or opened by the buyer or the recipient of the order after delivery.
Effect of withdrawal
In case of withdrawal at the initiative of the buyer, the company Beeche will reimburse the buyer of all sums paid, no later than fourteen (14) days from receipt by it of the decision of the buyer to withdraw, in accordance with the provisions of Article 12a) above.
The buyer agrees to return the products received without delay, if necessary no later than fourteen (14) days from the notification of the declaration to the company Beeche. The withdrawal will be effective only after returning the products to the company Beeche before the expiry of the period of fourteen (14) Days.
The order must be returned by the buyer to the following address
Beeche - 113 rue Royale 59800 Lille.
The cost of returning the products is the responsibility of the buyer. These costs vary according to the weight of the parcel, and are estimated at a maximum of approximately 50 EUR in Metropolitan France. The company cannot be held responsible for the inaccuracy of the estimated shipping costs.
Buyer's responsibility
The buyer is liable for any depreciation of the product or its packaging.
Article 13: Product warranty
The products sold correspond materially to the specifications presented to the Buyer by the Online Shop when they are used in strict conformity with the functions for which they were sold.
Unless otherwise provided for by law, the liability of the Beeche company shall in no case exceed the value of the goods invoiced.
In any case, the customer benefits from the legal guarantee of conformity, the legal guarantee of eviction and hidden defects (article 1625 and following of the Civil Code) on the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (article 1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short period of time" from the discovery of the hidden defect.
Consequently, the buyer has up to 3 months from the date of delivery to send his complaint to the company Beeche. After this period, we will no longer be able to guarantee the disputed product since no control on the quality of the storage place can be carried out, or the buyer will have to provide proof that the alteration of the product is prior to the sale.
Article 14: Personal data and privacy policy
The Beeche company, whose headquarters are located at 113 rue Royale in Lille, has an online sales website. This site allows us to receive orders from our customers and the data collected on this occasion are recorded and processed in a customer file.
This file allows you to :
Manage orders, payment and delivery.
To carry out marketing operations (loyalty, promotions) and to send advertisements by e-mail to our customers who have not objected or who have agreed to this:
On products similar to those they have ordered.
On other products offered by the company. For example, if a customer buys a dress, a body cream may be offered.
To pass on the data of our customers who have agreed to this to our commercial partners, to enable them to send them advertising.
Legal basis of the processing
Order management: the legal basis for processing is the execution of a contract (see Article 6.1.b) of the European Data Protection Regulation).
Sending commercial solicitations by e-mail on products similar to those ordered by customers: the legal basis for the processing is the company's legitimate interest (see Article 6.1.f) of the European Data Protection Regulation), namely to promote our products to our customers.
Sending of commercial solicitations by e-mail on other products offered by the Beeche company: the legal basis of the treatment is the consent (Cf. article 6.1.a) of the European Regulation on data protection), as required by article L. 34-5 of the code of posts and electronic communications.
Transmission of the e-mail address to commercial partners: the legal basis for the processing is consent (see Article 6.1.a) of the European Data Protection Regulation), as required by Article L. 34-5 of the French Post and Electronic Communications Code.
Data categories
Identity: title, surname, first name, address, delivery address, telephone number, e-mail address, date of birth, internal processing code allowing the identification of the customer, data relating to registration on opposition lists.
Order data: transaction number, purchase details, purchase amounts, invoice payment data (payments, outstanding payments, discounts), product returns.
Data relating to means of payment: bank card number, expiry date of the bank card, visual cryptogram (which is immediately deleted).
Data required for loyalty and prospecting actions: purchase history.
Recipients of the data
The customer and invoicing departments of the Beeche company are recipients of all categories of data.
Its subcontractors, responsible for the delivery of its orders, are recipients of the identity, address and telephone number of our customers.
The e-mail addresses of customers who have agreed to this are made available to our business partners:
Payplug SAS
La Poste SA
Duration of data retention
Data required for order management and invoicing: for the duration of the commercial relationship and ten (10) years for accounting purposes.
Data necessary for the implementation of loyalty actions and canvassing: for the entire duration of the commercial relationship and three (3) years from the last purchase.
Data relating to the means of payment: these data are not kept by the Beeche company; they are collected during the transaction and are immediately deleted as soon as the purchase is settled.
Data concerning the lists of opposition to receive prospecting: three (3) years.
Article 15: Electronic signature
The "OK" associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has the value, between the parties, of a handwritten signature.
Article 16: No tacit waiver
The fact that one of the Parties, at any time whatsoever, does not exercise a prerogative granted to it by these General Terms and Conditions of Sale, in particular not to terminate the sales contract or to exercise this prerogative with delay, or not to demand the execution of any stipulation of the General Terms and Conditions of Sale, shall in no case be interpreted as an express or tacit waiver by this Party neither to the right to exercise the said prerogative in the future, nor to its right to demand the scrupulous execution of the commitments entered into by the other Party to undertake any action or claim that it may have in relation to the non-performance of its obligations by the other Party, nor possibly to its right to terminate the present contract for any violation of the same or a different nature.
Article 17: Intellectual property rights
The Beeche brand is registered under the number 4615372. Any reproduction or imitation will be prosecuted as a counterfeiting offence.
The website
www.beeche.fr and each of its components (such as trademarks, domain names, texts, tree structures, software, animations, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive property of Beeche, its founder Paul-Augustin Delattre or third parties who have duly authorized Beeche to exploit these elements, which is the only one entitled to exploit the related intellectual property rights.
No element of the site may be used, reproduced, distributed or published in whole or in part without the written permission of the Beeche company.
The use of all or part of the Beeche website, in particular by downloading, reproduction, transmission, representation or dissemination for purposes other than for your personal and private use for non-commercial purposes is strictly prohibited.
Article 18: Hyperlinks and comments
The creation of hyperlinks to the website
www.beeche.fr is subject to prior written authorisation from Beeche, which may be revoked at any time.
Beeche declines all responsibility (particularly editorial) concerning access to sites - and their content - with a hypertext link to or on the site www.beeche.fr.
Beeche reserves the right to delete any comment published by a user and/or a buyer on the website www.beeche.fr
Article 19: Access to the online shop
Beeche reserves the right to make changes to the Online Shop and the
www.beeche.fr website at any time and without notice.
Beeche declines all responsibility in case of interruption or inaccessibility of the site
www.beeche.fr of occurrence of bugs, or any damage resulting from fraudulent acts by third parties (including by intrusion) from the site
www.beeche.fr.
Article 20: Applicable law - Jurisdiction
The present general conditions are exclusively governed by French law, to the exclusion of any other law, in particular the Vienna Convention of 11 April 1980 on the international sale of goods.
Article 21: Contact
For any question, we thank the Internet users and/or buyers to send a message to Beeche by informing their request in the dedicated space of the heading "contact" accessible on the site
www.beeche.fr.
