ARTICLE 1 - Scope of application
In accordance with Article L 441-6 of the French Commercial Code, these general terms and conditions of sale constitute the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which BeBe Bold Europe S. A. S (hereinafter "BeBe Bold Europe") having its registered office at 33 Grande rue, (SIRET number 843 457 722 00026) supplies to professional Buyers ("The Buyers or the Buyer") who request it, via the BeBe Bold Europe website, by direct contact or via a paper medium, the Products described in the "List of Products Available for Wholesale Sale" (this list contains a validity date to be taken into account when placing the order).
They apply without restriction or reservation to all sales concluded by BeBe Bold Europe with Buyers of the same category, whatever clauses may appear in the Buyer's documents, and in particular his general terms of purchase.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him/her to place an order with BeBe Bold Europe.
They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in article L 441-7 of the French Commercial Code, within the legal deadlines.
Any order of Products implies, on the part of the Buyer, the acceptance of the present General Terms and Conditions of Sale, of the general terms and conditions of use of the BeBe Bold Europe website for the description of the products as well as the registration of a professional customer file.
The information contained in BeBe Bold Europe's catalogs, prospectuses and price lists is given for information only and may be revised at any time. BeBe Bold Europe is entitled to make any changes it deems necessary.
ARTICLE 2 - Orders - Prices
To place an order, the Buyer will use the website bebebold.eu by logging on to their specific professional account.
Items are ordered in multiple quantities of:
5m for fabrics
Rolls of 9 for sashiko panels
Packs of 6 for 20m and 40m sashiko wires
Packs of 3 for other wires
Packs of 3 for kits and samplers
Boxes of 6 for Tulip needles
Packs of 5 for Inazuma accessories
In multiples of 3 for all other items
The data recorded in BeBe Bold Europe's computer system on the Prestashop platform constitutes proof of all transactions concluded with the Buyer.
Professional customers benefit from a discount of up to 40% when ordering, the price excluding VAT is displayed on their customer account. Business customers also benefit from free delivery on orders over €400.
Prices are firm and non-revisable during their period of validity.
Any modifications requested by the Buyer will only be taken into account, within the limits of BeBe Bold Europe's possibilities and at its sole discretion, if they are notified in writing at least 14 days before the date scheduled for delivery of the Products ordered, after acceptance by the Buyer of the invoice by email.
Products are supplied at BeBe Bold Europe's prices in effect on the day the order is placed, and, if applicable, in the specific commercial proposal sent to the Purchaser. These prices are firm and non-revisable during their period of validity, as indicated by BeBe Bold Europe.
These prices are net and exclusive of VAT, ex warehouse and including packaging. They do not include transport, customs duties and insurance, which are the responsibility of the Buyer.
Special pricing conditions may be applied depending on the specific features requested by the Buyer, notably concerning delivery terms and deadlines, or payment terms and conditions. BeBe Bold Europe will then send the Buyer a special commercial offer.
ARTICLE 3 - Terms of payment
The following methods of payment may be used:
Payments in Euros by bank transfer, mentioning the invoice number in the subject line:
IBAN: FR76 1080 7000 1572 4211 4164 882
BIC: CCBPFRPPDJN
Payments in pounds sterling by bank transfer, quoting the invoice number in the subject line:
BIC/SWIFT: REVOLT21
IBAN: LT153250075127925117
Name: Main - Account number: 30120594 - Sort code: 04-00-75
In the event of late payment and payment of sums due by the Purchaser beyond the above-mentioned deadline, and after the payment date shown on the invoice sent to the Purchaser, late payment penalties calculated at the rate of 10% of the amount inclusive of tax of the price shown on the said invoice, will be automatically and by right acquired by the Supplier, without any formality or prior formal notice.
Except with BeBe Bold Europe's express, prior and written agreement, and provided that reciprocal receivables and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the products ordered by the Buyer on the one hand, and the sums owed by the latter to BeBe Bold Europe for the purchase of said products, on the other hand.
Finally, a fixed indemnity for collection costs in the amount of 40 euros will be due, automatically and without prior notification by the Buyer in the event of late payment. BeBe Bold Europe reserves the right to request additional compensation from the Buyer if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.
ARTICLE 4 - Discounts and Rebates
Discounts offered to professional customers are included in the prices presented in the list of Products.
ARTICLE 5 - Delivery
The Products purchased by the Buyer will be delivered within a maximum of 20 days from the receipt by BeBe Bold Europe of the payment of the sums due.
In the case of pre-ordered items or products being restocked, the delivery period will be extended to a maximum of 4 months.
This period does not constitute a strict deadline and BeBe Bold Europe cannot be held liable to the Buyer in the event of a delay in delivery not exceeding 20 days.
In the event of a delay of more than 20 days, the Buyer may request the cancellation of the sale. In this case, BeBe Bold Europe will return any advance payments already made.
BeBe Bold Europe cannot be held responsible in case of delay or suspension of delivery attributable to the Buyer or in case of force majeure.
Delivery will be made to the delivery address indicated by the Buyer on his BeBeBold.eu account, the products travelling at the Buyer's risk.
The Buyer is responsible for verifying the apparent condition of the products upon delivery. In the absence of express reservations by the Buyer at the time of delivery, the Products delivered by BeBe Bold Europe will be deemed to conform in quantity and quality to the order.
The Buyer will have a period of 14 days from delivery and receipt of the ordered products to express, in writing, such reservations to BeBe Bold Europe.
No claim can be validly accepted in case of non-compliance with these formalities by the Buyer.
BeBe Bold Europe will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the Buyer.
ARTICLE 6 - Transfer of ownership - Transfer of risks
Ownership of the Products purchased is transferred to the Buyer upon payment of the price by the latter, regardless of the delivery date of said Products.
The transfer of risks of loss and deterioration of the Products will take place upon delivery and receipt of the Products by the Buyer. The Buyer undertakes to insure the aforementioned Products against the risks of loss and deterioration due to unforeseen circumstances by means of ad hoc insurance.
ARTICLE 7 - Responsibility of BeBe Bold Europe - Warranty
No guarantee is given by the seller other than the conformity of the goods to the quality and specifications mentioned in the order form and/or the sales contract and its confirmation.
ARTICLE 8 - Right of withdrawal
In accordance with article L121-16-1 of the French Consumer Code, the right of withdrawal between professionals applies when :
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- the contract is concluded off-site
- the subject of the contract does not fall within the company's main field of activity
- the purchasing company has no more than five employees
If these three conditions are met, the company has a 14-day right of withdrawal. To exercise this right, the purchaser who meets the 3 conditions must send BeBe Bold Europe the following form by registered letter with acknowledgement of receipt within the legal time limit. Once the goods have been returned in their original condition and these conditions have been validated, the goods can be reimbursed.
Cancellation form
Information on exercising the right of withdrawal
Annex to article R. 221-3 of the French Consumer Code
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period expires fourteen days after the date of conclusion of the contract.
To exercise the right of withdrawal, you must notify us (for the attention of BeBe Bold Europe, 33 grande rue, 25610, France) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not compulsory. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. e-mail).
In order for the withdrawal period to be respected, it is sufficient for you to send your notice of withdrawal before the end of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse all payments received from you no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
Detachable withdrawal form
If you wish to withdraw from the contract, please use this withdrawal form:
For the attention of BeBe Bold Europe, 33 Grande rue 25610, Arc et Senans, France,
I hereby notify you of my withdrawal from the contract concerning the order for which the invoice number is:
Consumer's name :
Consumer's address :
Consumer's signature :
Date :
ARTICLE 9 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
The Party observing the event must immediately inform the other Party of its inability to perform its obligations and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.
ARTICLE 10 - Disputes
All disputes arising from the present contract, concerning its validity, interpretation, performance, termination, consequences and aftermath, may preferably be discussed amicably or under arbitration. In the event of failure of negotiations, such disputes shall be submitted to the court of Besançon.
ARTICLE 11 - Applicable law - Language of the contract
By express agreement between the parties, these General Terms and Conditions of Sale and the purchase and sale transactions arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Acceptance by the Buyer
The present general terms and conditions of sale, as well as the enclosed price lists and schedules of discounts, rebates and discounts, are expressly approved and accepted by the Buyer, who declares and acknowledges that he has full knowledge thereof, and hereby waives the right to rely on any contradictory document, in particular his own general terms and conditions of purchase.
ARTICLE 13 - Data protection - RGPD
To order at the professional rate, Buyers are required to register in the BeBe Bold customer register, in which only the information necessary for the commercial relationship is kept.
In compliance with the French Data Protection Authority (CNIL), customer data is used exclusively for the act of sale and for sending parcels.
BeBe Bold's register of customers and processing activities is digitally protected and only accessible to BeBe Bold staff. Customer data is kept only for the duration of its use and will be destroyed at the end of the relationship with said customer or at the latest at the end of BeBe Bold Europe's existence