1. The vendor
This site, www.beef-it.fr (Hereinafter, the "Site") is published by the company BEEFIT SAS, with a capital of 16,600 euros, with a registered office at 38 avenue des Fresnes 77290 Mitry-Mory and registered with the RCS Meaux under number 810 130 252; Phone: 06 20 58 68 40; VAT number: FR 90 810130252
Customer service site: 06 11 66 16 29, email@example.com
After-Sales Service: 06 11 66 16 29, firstname.lastname@example.org
Site host: OVH France
Site manager: BEEFIT SAS
2. General provisions relating to terms and conditions of sale (hereinafter, the "GTC")
2.1. Goal of the of GTC
The GTC apply exclusively to the online sale of BEEFIT products on the website.
2.2. GTC scope
The GTC exclusively govern the online sales contracts of BEEF-IT products (hereinafter the " vendor ") to purchasers having the quality of consumers (hereinafter, the" consumers ") and constitute with the order contract the documents binding the parties, at the exclusion of all other documents, brochures, catalogs or photographs of the products that have an indicative value.
The GTC apply exclusively to products delivered to consumers in France and / or in a member country of the European Union.
The GTC as well all contractual information mentioned on the website are written in French.
2.3. Availability and enforceability of the GTC
The GTC are made available to consumers on the vendor's site where they are directly searchable and can also be communicated upon request by phone or email.
The GTC are binding upon the consumer who recognizes, by ticking a box provided for that purpose, as having been made aware of and accepted them before ordering.
The validation of the order confirmation requires membership by the purchaser to the GTC in effect at the date of the order and the conservation and reproduction are performed by the vendor in accordance with Article 1369-4 of the Civil Code.
2.4. Modification of the GTC
The vendor reserves the right to modify its GTC at any time. In case of modification of the GTC, the GTC applicable are those in effect on the date of the order, so a copy dated to date can be put in the application to the consumer.
2.5. GTC Clauses
The nullity of a contractual clause does not invalidate the GTC. The temporary or permanent non-application of one or more of these GTC clauses by the vendor cannot assert waiver of the other provisions of the GTC that continue to have effect.
The products offered for sale presented in the catalog published on the Site are each the subject of a description indicating their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The instructions, if essential, are mentioned in the catalog or upon or before delivery.
The products comply with the regulations of the French law relating to safety and health, with fair trading and consumer protection at the time of marketing.
4.1. Sales price
The sale prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated for each of the products listed in the catalog, in euros including tax, excluding shipping and transport mentioned before validation of the order and additional cost.
The total amount payable by the consumer is indicated on the order confirmation page.
The proceeds of the sale price is that which is in force on the order date.
In case of price promotions, the vendor agrees to apply the promotional prices to all orders placed during the promotional period.
The vendor reserves the right to change prices at any time, while ensuring the consumer to apply the prices in effect on the date of the order.
Online sale of the offers presented on the site are reserved to consumers residing in France and / or in a member country of the European Union and for deliveries in these geographical areas.
Online sale of the offers presented on the site are valid, in particular for the duration of this indication, as long as the products are listed in the catalog and are in stock.
The acceptance of the offer by the consumer is validated in accordance with the double-click method, the confirmation of the order.
6.1. Concluding steps of the contract
To order, the consumer, after filling his shopping cart indicating the selected products and the desired amounts, then clicks the "Order" button and provides information on delivery and payment method.
Before clicking on the button "Confirm Order", the consumer has the opportunity to verify the details of his order and its total price and to return to previous pages to correct any errors or possibly modify the order.
The confirmation of the order implies acceptance of the GTC and begins the contract.
An email acknowledging receipt of the order and their payment is sent by the vendor as soon as possible.
6.2. Order modification
Any modification to an order by the consumer after receiving the order confirmation is subject to the acceptance of the vendor.
The vendor reserves the right to make the ordered product modifications linked to technological developments in accordance with Article R. 132-2-1, V of the Consumer Code.
6.3. Order validation
The vendor reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities of products ordered are abnormally high for buyers who are quality consumers.
6.4. Unavailability of products ordered
If the products ordered are unavailable for delivery, the vendor shall immediately inform the consumer and may offer him a product of equivalent quality and price.
In case of disagreement, the consumer is reimbursed immediately (or at the latest within thirty days from the payment of the sums paid).
The sales contract is formed at the time of delivery by the consumer of the order confirmation.
7.2. Archiving and evidence
The filing of communications, purchase orders and invoices are performed in a reliable and sustainable manner constituting a true and durable copy pursuant to section 1348 of the Civil Code. These communications, orders and invoices can be produced as proof of the contract.
Upon the receipt of goods, the consumer has a cancellation period of seven days to return the products delivered without having to justify or pay a penalty, to the following address: So ebusiness, 35 rue des Béthunes, 95310, Saint Ouen L’aumône. Return shipping costs are the responsibility of the consumer.
The vendor agrees to refund the consumer within thirty days following the date on which the cancellation right has been exercised, provided that the products are returned in their original packaging, complete and in perfect condition and accompanied by the original purchase invoice.
The contract may be canceled by the consumer in case of:
- delivery of a product which does not conform with the characteristics claimed of the product;
- delivery beyond the deadline set out in the order for products whose value exceeds 500 euros in accordance with Article 9.1. the GTC;
- unjustified price increase by a technical modification of the product imposed by the authorities.
In all these cases, the consumer may demand repayment of the deposit paid to the order, plus interest at the legal rate from the date of the receipt of the deposit.
The contract may be terminated by the vendor in case of:
- consumer refusal to accept delivery;
- non-payment of the price (or the price balance) at the time of delivery.
In all these cases, the deposit paid to the order remains with the vendor as compensation.
8.1. Payment terms
The price is payable in full upon confirmation of the order.
Excluding amounts paid that are refunded in case of the unavailability of the product ordered in accordance with Article 6-4 of the GTC, any amount paid in advance on the price of the product statutory interest to the expiration of three months from payment to delivery of the product or, failing that, to the restitution of the amount paid for the order.
Payment is due immediately at the time of the order by credit card.
8.2. Payment security
The site has a secure online payment system, enabling customers to encrypt the transmission of their bank data. This system is operated by Stripe, certified PCI Service Provider Level 1 Company; this is the most rigorous level of certification available.
8.3. Late payment
Any amount not paid at maturity is productive, without notice, at an interest at the legal rate.
8.3. Payment default
The vendor reserves the right, in the absence of payment of the price by the deadline, to demand payment, to suspend delivery or resolve their right and retain the contract, as compensation, the down payment with the order.
9.1. Delivery time
The vendor agrees, in accordance with the delivery deadline specified on the website for each of the products to deliver the products within 3 working days in France and 5 days within the European Union after receipt of the order.
9.2. Late delivery
A delivery delay of more than seven days which is not due to force majeure may result in cancellation of the sale by the consumer, within sixty days from the delivery date, a forfeit of the order by a recommended letter with acknowledgment of receipt, a return the appropriate products if they were delivered and receive from the vendor within thirty days at the latest, the restitution payment, excluding any compensation.
9.3. Methods of delivery
The products are delivered to the address specified by the customer on the order form.
Any claim of delivery error must be made by the consumer to the vendor on the same day of the delivery or the first business day following delivery at the latest.
Delivery is made by notice of availability (or by post or by an independent carrier).
In case of damage or partial loss of the product, the consumer must make note of this on the delivery slip and send it double addressed to the vendor and, within three days of such receipt, notify these to the carrier by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the commercial Code.
9.4. Product Compliance
If the product does not comply with the order, the consumer must send a complaint to the vendor to obtain a replacement product or expect a possible cancellation of the cell.
9.5. Product unavailability
In case of product unavailability upon delivery, the vendor can offer, in accordance with Article 6-4 of the GTC, an equivalent product in quality and price.
9.6. Failure to deliver
The failure to deliver causes the rightful resolution of the sales contract.
10.1. Legal guarantees
All products supplied by vendor have the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code.
Under these safeguards, the vendor agrees, at the choice of the consumer, to refund or exchange defective products or those which do not correspond to the order.
10.2. After sales service
Claims made under the title of guarantees should be directed by email to after sales service at email@example.com, 38 avenue des Fresnes, 77 290, Mitry-Mory, 06 11 66 16 29.
Products covered by the guarantees should be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The consumer will be reimbursed for return postage within thirty days at the latest of receipt of the product by the seller.
10.3. Guarantee Clauses
The exculpatory clauses limiting the rights granted to consumers under the legal guarantees which are deemed not written when undertaken before any claim on his part are valid when undertaken after the claim under Article L. 211-17 of the Consumer Code.
10.4. Applicable guarantee law
The applicable French law regarding the contract under Article 16 of the GTC shall not have the effect of depriving the consumer residing in another Member State of the provisions of guarantees granted to them under its national law of Directive No. 99/44/CE of May 25, 1999 on the sale and guarantees of consumer goods.
The vendor cannot be held liable for non-performance or improper performance of the contract due either to the fact the buyer or to the event of an insurmountable and unpredictable third party of the contract, or to force majeure.
Regarding sales outside of France, the vendor can be held liable for non-compliance of the product to the consumer country's legislation, meaning they agree to verify that the product is not banned from sale in their country.
11.2. Product safety defect
In case of damage caused by a defect of product safety, consumers must seek identifiable product liability based on the information mentioned on the product packaging.
11.3. Penalty clause
In all cases of breach of contract regarding the consumer, the deposit paid to the order remains with the vendor as compensation.
12. Termination clause
The termination of the order as provided in these GTC shall be pronounced by registered letter with acknowledgment of receipt (or e-letter) and will be acquired automatically without legal formalities.
13. Intellectual property
The elements contained on this Site consist of photographs, video, text, drawings and images, which are the exclusive property of BEEF-IT, and are protected by copyright, trademark law and patent laws.
Any reproduction or dissemination of these elements without prior written permission of the publisher, exposes violators to prosecution.
14. Personal data
The collection of personal data, their use under the order processing and customer file creation and dissemination to third parties responsible for the implementation and payment of orders is subject to the consent of the person concerned.
The processing of personal data, which is stored by the publisher for the sole purposes of the proper administration of orders and trade relations, is the subject of a declaration to the National Commission and Freedoms.
The consumer has at any time the right to access, modify, rectify, and delete the personal data concerned.
Any complaints should be addressed to customer service at: 38 avenue des Fresnes, 77 290, Mitry-Mory.
15.2. Competent court
In the event of the failure to resolve the claim by the customer service or absence of a response for this service within two months.
For any dispute relating to the purchase order and these GTC, the competent court will be that of the residence of the defendant or that of the place of the actual delivery of the product.
16. Applicable law
This contract and the governing GTC are subject to French law.