Any order placed on the website http://www.beachkitties.com and/or via the corresponding Beach Kitties mobile application (hereinafter referred to as the “Site”) implies express acceptance by the Internet user of these general conditions of sale (hereinafter referred to as the “GSC”)
To keep a copy of the GSCs, the following link allows you to print and/or download them: click here.
1. Object
These GSC govern all the terms and conditions of distance selling to Internet users via the site, of the products defined in article 2 hereof, distributed by the company:
BEACH KITTIES
Bulgaria, Burgas, 81 Hristo Botev str.
Telephone: +359 884 592 928 (cost of a local call in mainland Bulgaria, indicative rate from a landline, likely to be adjusted according to the operators; for Internet users located outside mainland Bulgaria, cost according to the rates charged by local operators). All contact will be in English.
Contact form here
(hereinafter referred to as “the Seller”).
The “Internet user” means any adult, or minor with the consent of their legal representative, and visiting or making a purchase on the Site. The seller reserves the right to adapt or modify these GSC at any time. In the event of modification, the applicable GSCs will be those online on the day of the order.
2. Products
“Products” means (i) ready-to-wear items, (ii) accessories, and (iii) gift cards presented on the Site to market them to Internet users.
2.1. Ready-to-wear items and accessories
The Products are presented on the Site subject to their availability.
The Seller will make its best efforts to update its stocks. In case of unavailability of an item, the Seller will take the necessary steps to remove it from the Site. When an item‘s size is unavailable, it cannot be selected by the Internet user.
The Seller reserves the right in any case to withdraw, at any time, any Product from the Site and/or to replace it and/or to adapt or modify any content or relative information appearing on the Site.
The Products offered on the Site are described and presented with the greatest possible accuracy. For each Product, a product page is available on the Site (hereinafter the “Sheet”).
The Sheet contains, in particular, the characteristics of the selected Product, and in particular, about ready-to-wear items: the sizes, the different colors, the availability of the Product, the composition, the maintenance conditions, the price (price including tax, total discount if the Product is concerned by a commercial offer, and where applicable the total price including tax after discount).
The Seller may, however, in particular, because of its suppliers, be required to offer the Internet User Products with a composition slightly different from that described on the Site, but in any case of equal or superior quality to the Product ordered.
3. CONSULTATION OF STOCK AVAILABLE IN STORE
If the “Aletre Stock” functionality is available, in the event of the unavailability of a product on the Site, the Internet user can use the “stock alert” functionality. The stock alert is available on the sheet of each product. It allows the Internet user, if a chosen product is unavailable, to specify his email address to receive an email when the product is again available for sale on the Site (hereinafter “Stock Alert”).
4. PRICE
The price to be paid by the Internet user for the Product is that communicated on the Site at the time of the validation of the order by the Internet user and communicated within the framework of the Confirmation of the order.
The price of the Products is expressed in euros all taxes included, including the value-added tax at the legal rate in force, and not including the delivery/transport costs which are invoiced in addition under the conditions specified in section 7.1 below.
5. ORDERING
The Seller reminds the Internet User that any order on the Site must be made for personal purposes. The Internet user undertakes not to resell the Products and/or to use them for purposes other than personal and in particular commercial. The Internet user acknowledges that the Seller will be free to cancel any order which seems to him to be made for purposes other than personal and/or if there is suspicion of fraud.
5.1 Ordering on the site
(i) Constitution of the basket
The Internet user will select the Product(s) he wishes to order via the corresponding Sheet by selecting, in particular, the size, and the color, and by clicking on “Add to my basket” (or equivalent mention). When adding to the basket, and if the Internet user has a discount code, he will be invited to enter it in the field provided for this purpose.
The Internet user may at any time access the contents of his basket by clicking on the Products (redirection to the Sheets of the Products previously selected), allowing the Internet user to check the specificities of each of the Products chosen (size, color, composition), as well as their price (unit price including tax, total discount if the product is covered by a commercial offer, total price including tax).
To validate his basket and confirm his order, the Internet user must (a) tick the box relating to the acceptance of the GSC, (b) acknowledge that the validation of his basket commits him to the payment of his order, and (c) click on “I order and go to the next step” (or equivalent mention). Failing to validate these different points, the Internet user will not be able to validate his order and go to the next step: “Identification”.
(ii) Choice of identification
The Internet user must identify himself, either by indicating the user name and password of his customer account, or, if he has not created an account previously, by choosing one of the options appearing in Article 6 of these GSCs.
(iii) Choice of a place for delivery
The Internet user can choose the place and method of delivery of his order in accordance with the provisions of article 7 below.
(iv) Choice of payment method
Once the place of delivery has been defined by the Internet user, will validate the method of payment among those offered on the Site, in accordance with the provisions of article 8 below.
(v) Order Confirmation
After validation of the payment, the Internet user will automatically receive a first email confirming receipt and the details of his order (hereinafter referred to as the “Order Confirmation”). The Order Confirmation will constitute the sales contract between the Internet User and the Seller. The invoice amount will be debited upon said Confirmation. The Internet user may, in any case, at any time, log into his customer account, and have access to the various elements relating to his order(s) and in particular his invoices.
The Seller, however, draws the Internet user’s attention to the fact that the sending of these emails does not in any way guarantee the availability of the Product in accordance with the provisions of article 3 above.
In case of unavailability of the Product, the Seller will inform the Internet User by email within 2 (two) working days (Monday to Friday) from the Order Confirmation.
The Seller then undertakes to proceed, within a maximum period of 3 (three) working days from the sending of the information email of the unavailability of the Product, to the reimbursement of the price paid by the Internet user for the Product. Unavailable, as well as any delivery costs paid by the Internet user, in the event that the unavailability concerns the entire order in question. Otherwise, if the unavailability does not relate to the entire order in question, the Seller undertakes to reimburse only the price paid for the unavailable Product, excluding any delivery costs for the order paid by the Internet user.
The Seller reminds that he reserves the right to refuse or cancel any order in the event of special circumstances:
(i) When the order has been placed under conditions that legitimately suggest that the order was made for professional and not personal needs;
(ii) When the contact details provided are inaccurate or incomplete;
(iii) In the event of non-compliance with these general conditions of sale by the Internet user;
(iv) In case of suspicion of fraud.
6. IDENTIFICATION WHEN PLACING AN ORDER ON THE SITE
6.1 For any order placed on the Site, the Internet User will have the choice between one of the options described below, namely:
Creation of a customer account directly on the Site
The Internet user must fill in, on the dedicated page, all the fields marked with an asterisk and in particular: citizenship, surname and first name, his e-mail address. The Internet user undertakes to fill in his profile with accurate and up-to-date information and releases the Seller from any liability for the inaccuracy of the information communicated when creating his customer account.
The Internet user will validate the creation of his customer account by registering and confirming a password; which he undertakes to keep secret. The Internet user acknowledges that the use of the customer account is made under his full responsibility. He undertakes to inform the Seller of any usurpation of his password and/or his customer account.
Creation of a customer account on the Site via Facebook (only if this service is available on the Site)
Connection by Facebook is a service offered by the third party company Facebook Ireland Ltd., (“Facebook”) allowing the Internet user to create his customer account on the Site using his Facebook account. This service is subject to the terms of use defined by Facebook, which can be consulted by the Internet user on the Facebook site accessible at the following address: https://fr-fr.facebook.com/terms.
Order without creating an account
It is specified that the Internet user will not be required to create a customer account to place an order. If he decides not to create an account, the Internet user must only fill in, on the dedicated page, all the fields marked with an asterisk and in particular: citizenship, surname and first name, his e-mail address, and his delivery/billing. The Internet user undertakes to fill in his profile with accurate and up-to-date information and releases the Seller from any liability due to the inaccuracy of the information communicated.
6.2 Cookies facilitating the identification of the Internet user via his customer account
In order to facilitate the identification of the Internet user by the simultaneous provision of the e-mail address and the password, the latter expressly authorizes the Seller to have on his hard disk a file called “Cookie” in the purpose of facilitating its identification for the purposes of order processing and to receive anonymous information on the Internet user’s research activities on the Site. The retention period of this information will not exceed 1 (one) year. The Internet user retains the possibility of refusing Cookies on the Site without this limiting the Internet user with regard to placing his order. This data will be processed in accordance with article 13 “Personal data confidentiality charter and cookie policy” of these GSC. The Internet user can find this information in the “My Account” or equivalent section of the Site. In this section, the Internet user can also obtain information on the follow-up of his order.
7. NEWSLETTERS
By placing an order with the Seller, the Internet user becomes a customer of the Seller. Consequently, the Internet user is likely to receive newsletters from the Seller. The customer can unsubscribe from this newsletter at any time by activating the unsubscribe link contained in each newsletter, at the checkout on simple request, on the web in his customer area or via a request to Customer Service here
8. DELIVERY
8.1 Place of delivery
The Products offered for sale on the Site are available for delivery to all countries in the European Union. Depending on the available services offered, the Internet user has the choice between different delivery methods, namely:
Home delivery (Colis Privé for France) – Free Shipping.
If the Product(s) is (are) returned to the Seller on the grounds of “does not live at the address indicated”, the Seller will inform the Internet user by email. This email will indicate the procedure to follow and, where applicable, the reshipping costs to be borne by the Internet user.
In case of refusal of the Internet user for the reshipment of the Product(s) or in the absence of a response from him within the period of 7 (seven) days from the Seller’s email referred to above, this latter will reimburse the Internet user for the sole amount of the Product ordered, excluding the initial delivery costs.
The delivery date will be considered as the date of receipt by the Internet user, or a third party designated by him other than the carrier, of the Product(s), or, in the absence of the Internet user, of the delivery notice mentioned above, or, in the event of return of the Product(s) on the grounds of “does not live at the address indicated”, on the date of return of the envelope to the Seller.
If a delay is likely to occur in delivery, the Seller undertakes to notify the Internet user as soon as possible.
In the event of a prolonged delay in delivery, the Internet user is invited to notify the Seller’s Customer Service as soon as possible using the telephone number indicated in the Order Confirmation email.
8.2 Delivery times and method
The Seller undertakes to deliver the Products ordered by the Internet User within a maximum period of 6 (six) to 8 (eight) working days from the Order Confirmation, depending on the delivery method chosen by the Internet User; it being specified that these deadlines may be extended if the order is placed after 12 noon on Friday, Saturday or Sunday. In this case, the order will be processed by the Seller the following Monday. The order placed by the Internet user on a public holiday will be processed the following working day. Delivery times may also be extended by 2 (two) days during sales or any other promotional operation.
The delivery date will be considered as the date of receipt by the Internet user, or a third party designated by him other than the carrier, of the Product(s), or, in the absence of the Internet user, of the delivery notice mentioned above, or, in the event of return of the Product(s) on the grounds of “does not live at the address indicated”, on the date of return of the envelope to the Seller.
If a delay is likely to occur in delivery, the Seller undertakes to notify the Internet user as soon as possible.
In the event of a prolonged delay in delivery, the Internet user is invited to notify the Seller’s Customer Service as soon as possible using the telephone number indicated in the Order Confirmation email.
8.3 Receipt of products
Upon receipt of the Product(s), the Internet User is required to check the condition of the Product(s) delivered. He has a period of 3 (three) working days from delivery to formulate any reservations to the carrier and the Seller’s Customer Service with all the corresponding supporting documents, by registered letter with acknowledgment of receipt, without prejudice to the application the legal guarantee of conformity of the Products as well as the legal guarantee against hidden defects, which could apply apart from any defect resulting from the conditions of transport.
The Internet user may at any time find the elements relating to his order(s) by logging into his customer account and in particular his order form(s), his invoice(s), etc. .
These various documents are kept on the Internet user’s customer account for a period of 3 (three) years.
In the event that the Internet user has placed his order without creating an account, he may at any time find the elements relating to his order(s) and in particular his order form(s), his( es) invoice(s) etc., by clicking on the link provided for this purpose available in the order confirmation email that he will have previously received.
9. PAYMENT TERMS
The Internet user has the option of paying by (i) Credit / Debit card, (ii) Paypal /coming soon/ and (iii) Amazon pay /coming soon/, as indicated on the Site.
For any payment by credit card, the Internet user must indicate his card number appearing on the front of it (16 digits), the date of validity as well as the last three digits appearing on the back of it. At the time of entry, the Site is in encrypted mode and all the information conveyed is coded. None of this data is transmitted unencrypted over the Internet.
It is specified that the Internet user will have the possibility, if he wishes, to save the details of his bank card in his customer account at the time of the first use of his bank card. The data linked to the Internet user’s bank card will be processed in accordance with article 15 “Personal data confidentiality charter and cookie policy”.
In order to ensure payment security, the Site uses a secure payment service. This service incorporates the SSL security standard. When the order is validated, the payment request is routed in real time to the secure remote payment manager. This sends an authorization request to the bank card network. The online payment manager issues an electronic certificate.
The occurrence of an outstanding payment due to fraudulent use of a bank card will result in the registration of the details of the order form associated with this outstanding payment in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
The Seller will not deliver the order if the payment is not effective. The Seller may also suspend delivery or cancel the order, in the event of difficulties in the payment process (anomaly in the payment), in the event of non-compliance with the payment terms mentioned above, in the event of non-payment, total or partial, of a previous or current order.
In order to optimize the security of payments, the Seller uses the 3Dsecure procedure, by which the Internet user receives on his mobile phone a code to be transferred to the payment page after having communicated all the references of his bank card. The Seller may also, in this perspective, make requests for additional supporting documents (copy of national identity card, proof of address) whose only recipients are the members of its customer service authorized to deal with the fight against fraud. In the event of a lack of response, the Seller reserves the right to cancel the order. The Internet user has a right to access, rectify and delete his personal data with the Seller’s customer service and under the conditions specified in article 15 “Charter of confidentiality of personal data and policy relating to cookies” of these general conditions of sale.
Customer service can be reached via the contact form here.
10. RETENTION OF OWNERSHIP AND TRANSFER OF RISK CLAUSE
The Products remain the property of the Seller until full payment of the price of the order. However, the risks of the delivered goods are transferred to the Internet user from the moment of taking physical possession of the Product(s) by himself or by a third party other than the carrier appointed by the Seller.
11. WITHDRAWAL AND RETURN OF PRODUCTS
The Internet user has a period of 14 (fourteen) days (hereinafter referred to as the “Withdrawal period”) from receipt of the order to (i) exercise its right of withdrawal without having to justify a reason, and (ii) return to the Seller the Product(s) concerned (hereinafter referred to as “Right of withdrawal”).
To implement his Right of Withdrawal, the Internet User must return the Product(s) concerned to the Seller, accompanied by the duly completed withdrawal form (appearing on the Site via the link [click here ]), before the expiration of the Withdrawal Period, under the conditions set out below:
Inform the seller by filling the “Return a Product” form on: https://beachkitties.com/en/return-form/
It is being specified that the return costs are the responsibility of the Internet user:
Whatever the return method chosen, the Internet user must imperatively accompany his returned product with the return form duly completed and downloaded from his customer account.
In the event of exercise of his Right of withdrawal by the Internet user, the seller will reimburse the Internet user for all payments received relating to the purchase of the product(s) for which the Right of withdrawal is exercised, except for the initial delivery costs possibly paid by the Internet user.
The reimbursement of the returned Product(s) and, where applicable, any initial delivery costs paid by the Internet user when ordering, will be made at the latest within 14 (fourteen) days from from the date on which the Seller has collected the returned Product(s). The reimbursement of the Internet user will be made using the same means of payment used by the Internet user for the payment of his order.
In the event of an order payment by the Internet user by credit card and by gift card, and/or loyalty checks, reimbursement will be made primarily by credit card within the limit of the amount paid by credit card by the Internet user and the rest of the balance will result in the issuance of a virtual gift card.
The Seller reserves the right to refuse any returned Product that is depreciated due to manipulations by the Internet User other than those necessary to establish the nature and characteristics of the Product(s) concerned by the return. This will be the case if the Product is damaged, soiled, incomplete or has been worn, with the exception of the fitting of the Product. Furthermore, the Seller is not required to accept returns of Product(s) and to refund the Product(s), in the event that the Internet User does not comply with the provisions of this article. relating to the conditions for exercising the right of withdrawal.
12. GUARANTEES
12.1 The Products supplied by the Seller benefit from the following guarantees:
The Seller is liable for defects in the conformity of the Product(s) to the Internet user’s order under the conditions of articles L 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
– THE LEGAL GUARANTEE OF CONFORMITY (Directive (EU) 2019/2161 FOLLOWING OF THE CONSUMER LAW):
This guarantee can be activated by the Internet user in the event that the Product does not correspond to the characteristics specified in his order.
The Internet user has a period of 2 (two) years from the delivery of the Product to activate the guarantee by returning the Product concerned with all the corresponding supporting documents under the conditions of article 13.2 below, without having to provide proof of the existence of a lack of conformity of the Product at the time of delivery of the latter.
In the event of application of the guarantee of non-conformity, the Internet user may choose between repairing or replacing the Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code.
– THE GUARANTEE AGAINST HIDDEN DEFECTS (Directive (EU) 2019/2161 ):
This warranty can be activated in the event that the Product is damaged or affected by a material, design or manufacturing defect rendering the Product unfit for use.
The Internet user has a period of 2 (two) years from the discovery of the defect to act, by returning the Product concerned with all the corresponding supporting documents under the conditions of the article 12.2 below.
In the event of application of the guarantee against hidden defects, the Internet user may choose between choose between repair or replace the item free of charge or a price reduction or a full refund accordance with Directive (EU) 2019/2161 .
12.2 In the event that the Internet user wishes to implement one of these guarantees, he must first inform the Seller by sending an email via the contact form available on the Site.
After informing the Seller, the Internet User must return the Product, specifying the reason for his return.
Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the Internet user, as in the event of normal wear and tear of the property, accident or force majeure.
12.3 In the event that the Internet user is located outside metropolitan France and if the provisions of local law relating to the aforementioned guarantees are more favorable to him, the provisions of local law will be applicable.
13. RESPONSIBILITIES
The Seller shall not be held liable for any delay or failure to perform as a result of force majeure generally recognized by law.
Similarly, the seller is not responsible for any inconvenience or damage related to the use of the Internet network and beyond the precautions taken by the seller.
In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses, cannot engage the responsibility of the Seller.
In the event of a breach by the Internet user of these GSC, the Seller will send the Internet user to his billing address, a formal notice to remedy the situation. If this formal notice remains without effect after a period of 8 (eight) days, the Seller may, as of right, delete his personal account and/or refuse his future orders. In the event of a serious breach by the Internet user of the GSC, in particular in the event of fraud, the Seller may, as of right, delete his personal account and/or refuse his future orders.
14. ENVIRONMENT – ECO-ORGANISMS
The Seller belongs to the extended producer responsibility (REP) sector, subject to the Environmental Code and adheres in particular to the eco-organizations Refashion and Citeo.
The Seller has made a declaration to the French Environment and Energy Management Agency (ADEME), which annually checks the Seller’s compliance with its obligations to contribute to these eco-organizations, or those relating to the management of its waste. For Cache-Cache, the identification numbers are as follows: 4000024800
15. PERSONAL DATA PRIVACY POLICY AND COOKIES POLICY
The personal data confidentiality charter is available here and the cookie policy is available here.
16. INTELLECTUAL PROPERTY
The Seller is the owner of all the elements making up the Site and in particular the rights to the texts, the general architecture, the images, whether animated or not, the graphics and the sounds.
In accordance with the Intellectual Property Code, any representation or reproduction in whole or in part without the Seller’s consent is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
The brands distributed by the Seller are registered trademarks. The reproduction, imitation, use, position, deletion or modification of a registered trademark constitutes an infringement liable to lead to criminal penalties.
The use of the Site by the Internet user does not confer any intellectual property rights on the Site and/or its content.
No provision of these GSCs may be interpreted as granting the Internet user a right of any kind whatsoever over the elements protected by intellectual property, of which the Seller may have the property or the exclusive right of exploitation.
The Internet user who has a website for personal use and who wishes to place, for personal use, on his site a link directly to the Site, must obligatorily request the prior written authorization of the Seller.
In any case, any link, not expressly authorized, must be removed at the Seller’s simple request.
17. ENTIRE AGREEMENT
These GCS concluded between the Seller and the Internet user express all the rights and obligations of the Parties.
If a particular provision of these GSC is held to be invalid or declared as such by a decision having the force of res judicata of a competent court or if one of the clauses of these GCS was considered null and void by a change in legislation, regulations, other stipulations will retain all their force and scope. This can in no way affect the validity and compliance with the other provisions of these GSC.
18. APPLICABLE LAW
The Internet user also benefits from the protection of the mandatory law of the country of his usual place of residence.
19. DISPUTES
In the event of a dispute relating to the conclusion, the execution, or the end of an order, the Internet user may file any complaint with the by email by completing the contact form.
