Terms and conditions

Introduction

The e-commerce website www.seliijan.com (hereinafter referred to as the "Site") is an online platform accessible through the Internet, open to all users of this medium (hereinafter referred to as "users"). It is operated by the company BYJANIINE (hereinafter referred to as "BYJANIINE"), a simplified joint-stock company with a sole shareholder and a share capital of 1000 Euros, with its registered office at 3 rue Jacques Offenbach, 06000 NICE, registered with the Paris Trade and Companies Registry under the number [registration number]. VAT number: FR80950908418.

The Site allows BYJANIINE to offer textile products and accessories under the brand SELIIJAN (hereinafter referred to as "products") for sale to users browsing the site (hereinafter referred to as "customers"). For the purposes of these terms, it is agreed that the Customer and BYJANIINE will collectively be referred to as the "Parties" and individually as a "Party," and that the customer who has placed an order will be referred to as the "Buyer."

Any order for a Product offered on the Site implies the Buyer's acceptance of the following terms and conditions of sale. BYJANIINE reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale applicable are those in place on the date of purchase.

Article 1. Object

These general terms and conditions of sale govern the rights and obligations of the Parties resulting from the online sale of Products offered on the Site, and they apply to the exclusion of any other document.

Article 2. Products - Prices

2.1 Products

Only the products displayed on the Site on the day of consultation by the Customer are offered for sale. The products offered are limited to the European Union zone. The product offering and prices are available, subject to availability, as long as they are offered on the Site.

2.2 Prices

Prices are indicated in Euros, including all taxes. The prices applied are those displayed on the Site at the time of placing the order. The sum of the flat-rate price for preparation and delivery fees will be communicated to the customer on the order summary before validating the said document. Please note that shipments to destinations outside the European Community are subject to import taxes and customs duties (DDU Deliver Duties Unpaid) according to the regulations of your country of origin.

Article 3. Placing an Order

3.1 Order Registration

The Customer who wishes to place an order selects the item(s) of their choice by clicking "Add to Cart." At any time, the Customer can:

• Check the number of Products in their cart and obtain detailed information about each item by clicking "My Cart."
• A new Customer must fill in all the necessary information fields to create their customer account. The Customer must accurately fill in the provided form, which will contain the information necessary for the identification of their identity, including their email address and a password that will be delivered by Shopify via SMS or email (which will be personal and confidential) to allow them to log in to the site. Any customer who already has a password must log in after clicking "Confirm" by entering their email address and password. The Customer agrees that this method of identification can prove their identity. They are required to provide personal information to be a remote seller. This information is necessary for the processing and delivery of orders and for invoicing. After placing an order, and once all the required information has been completed by the Customer, they will have acknowledged the general terms and conditions of sale to which they have agreed by ticking the checkbox provided for this purpose. 

3.2 Order Validation

The validation of the shopping cart confirmation constitutes an electronic signature. This signature is equivalent to a handwritten signature and serves as proof of the integrity of the order and the amount due for said order. Once the order is validated, the Customer becomes the buyer. Notwithstanding the application of Article R624-3 of the Penal Code, the Customer pays for their order by credit card (Carte Bleue, Visa, Eurocard/Mastercard). If the Customer wishes to make a payment by credit card, they must provide the credit card number. The card type, expiration date, and CVV code must also be provided.

3.3 Payment

The amount due by the Buyer is the total amount indicated on the order summary. In all cases, the amount debited will correspond to the Product(s) to be delivered. When selecting a credit card as the payment method, the buyer will be automatically redirected to the secure payment server of STRIPE. Payment for your purchases is exclusively made by credit card (Carte Bleue, Visa, Eurocard/Mastercard) at the time of your order. The debit from your credit card will be made no later than six (6) days after placing your order, in the currency of the order.

You can make your purchases with confidence as the confidentiality of the banking information transmitted through the website to an authorized banking institution is carried out in a secure environment (SSL protocol) through our partner STRIPE.

Payment card numbers are not stored on our website but on the secure site of the banking institution, STRIPE.

As part of the electronic payment process and to prevent fraudulent use of online payment methods, we verify the reliability of the information you provided when registering your order.

3.4 Order Acknowledgment

Once the payment is made, a summary document of the order is sent to the buyer's email address. This document serves as an acknowledgment of receipt and provides a summary of all the elements included in the contract between the parties. A link to the return form will also be included in this document.

Article 4. Delivery

BYJANIINE will make every effort to ensure that the order is delivered on average within 1 to 3 days, starting from the day after the buyer's order is validated. It is specified that orders placed on the website www.seliijan.com on Fridays, Saturdays, or Sundays will be processed on the following Monday. Orders placed on the website www.seliijan.com on public holidays other than Fridays, Saturdays, and Sundays will also be processed on the next business day. The products ordered by the buyer will only be delivered within the borders of the EU to the address indicated by the buyer on the order validation page, accompanied by a delivery note. The Buyer has the option to have the products delivered to an address other than their own. Delivery will not be guaranteed in case of force majeure, transportation strikes, and/or postal services disruptions.

Article 5. Right of Withdrawal

The Buyer has a period of fourteen (14) working days from the date of delivery to notify BYJANIINE of their wish to return the ordered Product(s) at their own expense. The Buyer has an additional period of fourteen (14) working days to return the goods. If the aforementioned conditions are met, BYJANIINE will refund the Buyer the total amount of their order (price of the Products and shipping costs) to the original payment method, upon receipt of the Products, excluding the return costs, which will be borne by the Buyer.

Article 6. Legal Guarantees

6.1 Legal Warranty of Conformity

All our products benefit from a legal warranty, in compliance with their normal use and the instructions provided.

Article L.217-4 of the Consumer Code The seller delivers a product that is in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery.

The seller is also responsible for any lack of conformity resulting from packaging, assembly instructions, or installation when it was carried out under their responsibility or at their expense.

Article L.217-5 of the Consumer Code The product is considered to be in conformity with the contract if:

1. It is suitable for the customary use of a similar product and, if applicable:

   • It corresponds to the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model.
   • It has the qualities that a buyer can legitimately expect based on the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.

2. Or, if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, which was communicated to the seller and accepted by them.

Article L.217-7 of the Consumer Code Any lack of conformity that becomes apparent within twenty-four months from the delivery of the product is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L.217-9 of the Consumer Code In case of a lack of conformity, the buyer can choose between repair or replacement of the product. However, the seller may not proceed according to the buyer's choice if it entails a cost that is manifestly disproportionate compared to the alternative method, taking into account the value of the product or the significance of the defect. In such a case, the seller must proceed, unless impossible, with the method not chosen by the buyer.

Article L.217-10 of the Consumer Code If repair and replacement of the product are impossible, the buyer may either return the product and be refunded the price or keep the product and be refunded a portion of the price.

The same option is available to the buyer:

1. If the requested solution, proposed or agreed upon under Article L.217-9, cannot be implemented within one month following the buyer's complaint.
2. Or if this solution cannot be implemented without significant inconvenience for the buyer, considering the nature of the goods and the intended use.

However, the sale cannot be canceled if the lack of conformity is minor.

Article L.217-11 of the Consumer Code The application of the provisions of Articles L.217-9 and L.217-10 is free of charge for the buyer. These provisions do not preclude the awarding of damages and interest.

Article L.217-12 of the Consumer Code The action arising from lack of conformity is time-barred after two years from the delivery of the product.

6.2 Warranty for Defects in the Sold Item

Article 1641 of the Civil Code The seller is liable for hidden defects in the item sold that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have paid a lower price if they had been aware of the defects.

Article 1643 of the Civil Code The seller is responsible for hidden defects, even if they were unaware of them, unless they stipulated that they would not provide any warranty.

Article 1644 of the Civil Code In cases of Articles 1641 and 1643, the buyer has the option to return the item and receive a refund or to keep the item and receive a partial refund.

Article 1645 of the Civil Code If the seller had knowledge of the defects in the merchandise, they are liable to the buyer for all damages, in addition to refunding the price received for it.

Article 1646 of the Civil Code If the seller had knowledge of the defects in the merchandise, they are liable to the buyer for all damages, in addition to refunding the price received for it.

Article 1647 of the Civil Code If the item that had defects perished due to its poor quality, the loss is borne by the seller, who will be obligated to refund the price and provide other compensations explained in the previous two articles. However, any loss that occurred by chance will be borne by the buyer.

Article 7. Information Technology and Rights

7.1 Personal Information Personal information is processed by BYJANIINE to better manage customer relationships and prospecting. In order to allow you to receive offers from our partners, we may need to communicate this type of information to them. In accordance with the Data Protection Act of January 6, 1978, updated by the Act of August 6, 2004, the Customer has the right to access, rectify, and oppose information concerning them. The customer has the right to register on a list, specifying that they do not wish to be contacted by phone.

7.2 Cookies Our website is tailored to the needs of our customers. Click here to learn more.

7.3 Web Beacons Certain web pages of the Site may contain web beacons that allow us to count the number of visitors to the Site and/or provide BYJANIINE with certain indicators. These Web Beacons may be used with some of our partners to measure and improve the Site.

Article 8. Miscellaneous Provisions

8.1 Force Majeure BYJANIINE cannot be held responsible for the total or partial non-performance of its obligations under this contract if such non-performance is caused by a force majeure event, including but not limited to general or partial disruption or strike, particularly of postal services or transportation and/or communication means, flood, or fire. If BYJANIINE fails to fulfill its delivery obligation within thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgment of receipt or in writing on any other durable medium, unless BYJANIINE has performed in the meantime.

8.2 Entire Agreement These general terms and conditions of sale and the order summary sent to the Buyer constitute a contractual and complete summary of the agreements between the parties.

8.3 Conservation and Archiving Operations The archiving of invoices is carried out on a durable and reliable medium to correspond to a faithful and lasting copy.

8.4 Applicable Law and Jurisdiction These general terms and conditions of sale and the contractual relationship between BYJANIINE and the Buyer are subject to French law. In case of dispute, the consumer can resort to mediation.

Alternatively, the consumer can bring the matter before the jurisdiction of their choice. However, BYJANIINE is always open to seeking an amicable solution before any legal action.