Article 1 : Introduction
www.BellydanceDiscount.com is a merchant website of belly dance, Bollywood and other dances costumes, accessories and practice suits for women and children made in Egypt, Asia, India and Europe. It sells hand-crafted related products from India and Maghreb. It aims at allowing commercial transactions solely through Internet between:
- the Company BellydanceDiscount.com (hereinafter referred to as the “Seller”),
– any natural person, non- reseller, residing in France and in the world, of legal age and able to execute online commercial transactions (hereinafter referred to as the “Buyers”).
Placing an order at www.BellydanceDiscount.com, means the Buyer agrees to the following Terms & Conditions of Sale. The Seller reserves the right to modify or adapt those Terms & Conditions at any given moment. May that be the case, it will be applied to every order the Terms & Conditions effective on the day of the order.
Article 2 : Identification
Company name: BellydanceDiscount.com
Legal status and share capital: sole proprietorship
Registered Head Office: 30 allée des noisetiers, 68800 Thann, FRANCE
Phone number: + 336 29 15 37 39
Email address: firstname.lastname@example.org
Siret: 750 013 781 00026
Article 3 : Products and prices
Products intended for purchase are described and presented with the best precision and accuracy possible. However, differences may exist between products and corresponding picture in terms of colour and coating in particular because many commercialised products are hand-crafted. Therefore, pictures are not contractual.
Prices are quoted in Euro and all taxes are included. These prices do not include forwarding fees, which total figures on the purchase order before its validation. Some items on customers’ claims and depending on their availability at the providers’ can be sold in other colors and sizes. In this case, extra costs of about 20% will be applied to such specific “tailor-made” orders. These orders as well as out of stock orders are depending on special manufacture. An average waiting time of 6 to 8 weeks will then apply. In any case, the seller is responsible for communicating previous to the order a quote of the costs and shipping time for any out of stock or “tailor-made” order. The buyer is then free to decline or accept. If the buyer accepts the quote must be signed by him and a cheque representing 30% of the total price shall be attached (or a 100% cheque) in order to validate the order and start manufacturing.
Occasional delays do not give the Buyer the right to claim for damages.
BellydanceDiscount.com will act towards manufacturing a product as closely as possible to any « tailor-made » order (color, sizes, etc.). However, the possible interpretative differences due to both sides cannot lead to a refund or any financial compensation.
Article 4 : Order and payment
Before placing an order, each new Buyer must be identified by filling in a form containing the following information: title, first name, surname, billing address, delivery address, email address, phone number, and password. The previous information, readily accessible and editable by the Buyer in the section “My account”, will be memorised for following orders. Orders cannot be placed without the Buyer's identification. Once the shopping cart validated by the Buyer, the payment made via the secure payment system (credit card, Visa, Eurocard, Mastercard or Paypal) and accepted by our partner bank, the Buyer will receive a summary email of his order.
Other means of extraordinary payment are also possible, after Customer Service's agreement, by cheque or bank transfer and usually apply for schools, dancing crews and associations. However, these means of payment must reach BellydanceDiscount.com in 5 days. The total sum of the transfer and the one indicated on the cheque must be equal to the total sum of the order (forwarded fees included).
BellydanceDiscount.com reserves the right to cancel or block an order in case of default in payment, wrong address, or if a dispute linked to a previous order for default in payment is not settled with the same Buyer.
If, exceptionally, a product was not available after the order was placed, BellyDanceDiscount.com would report it to the Buyer at the earliest opportunity and would immediately propose an exchange or proceed to the reimbursement of the missing product.
Article 5 : Delivery
BellydanceDiscount.com commits itself to ship every order in 48h. The shipping costs are fixed costs calculated as to include handling, packaging and shipping.
La Poste delivers the French orders through Colissimo (delivery between 48-72h). The shipping costs are 6.90€ for any order under 150€ when sent to a precise address and XX € for an order to get from the post office. Orders under 240€ sent to a precise address are sent as a tracked Colissimo for which no signature is required. Orders beyond 240€ are sent as a tracked Colissimo for which your signature is required.
The Buyer can also chose a faster delivery via Chronopost International. In this case the shipping costs are the responsibility of the Buyer. These costs vary according to the place of delivery as well as the weight of the order. Therefore, they are only indicated late in the ordering process before validating. Shipment happens on the following working day if the order was placed before 1PM.
For international deliveries, the Buyer can choose between Colissimo International (delivery between 4-10 days on average and depending on the country of delivery) and Chronopost International (2- 5 days).
Regardless of the order, forwarding fees are automatically calculated on the total weight of ordered items and on the country of delivery. The Buyer can see the total forwarding fees in the shopping cart, when every item is selected, before validation and payment.
Occasional delays do not give the right to the Buyer to claim for damages.
The Buyer will be informed on the shipment of the order by e-mail and receive a tracking number to be able to check online the order route.
In case of non reception of the order to a precise address and only in the case of an order requiring a signature, that is any order in France and beyond 240€ via La Poste, any shipment abroad or any Chronopost regardless of the country of delivery, the Buyer can ask the customer services for a complaints procedure. The processing time of the complaints procedure and investigation by Poste Colissimo or Chronopost International can take up to 4 weeks and is not compressible. After the investigation, the carrier decides which possible financial compensation applies. BellydanceDiscount.com is no way responsible for any inconvenience caused by the carrier La Poste Colissimo or Chronopost International as proves of shipping exists. Thus the goods are under the only responsibility of the carrier. In rare extraordinary cases, BellydanceDiscount.com can decide to contribute to the compensation as well, but it is at its absolute discretion and in a spirit of ever-growing customers’ satisfaction.
Information given by the Buyer on the time of his order are taken as a commitment: if the name and address are wrong, BellydanceDiscount.com shall not be held responsible for the non-delivery of the order. The Buyer would then be responsible for the costs of a second shipment. If the customers wishes a refund, only the costs of the items (not including shipping costs then) will be paid back to him.
Merchandise always travel to the Buyer's risks, therefore, he always has to check the parcel's condition upon arrival. He has 48h to make a complaint to the carrier in case of missing elements or deterioration.
For orders placed outside of Europe, the Buyer commits himself to pay for every import tax, customs duties, VAT, and any other tax due pursuant to the country of delivery's legislation.
Every order placed at BellydanceDiscount.com being intended to personal use only, in case of resell BellydanceDiscount.com will not be held responsible if tax prepayment was not handled by the Buyer.
Article 6 : Responsability
The following cases are considered “force majeure” and discharge the Seller from his obligation of delivering goods: war, riot, catastrophic fire, accident and impossible supply.
BellydanceDiscount.com will not be held responsible for any inconvenience or inherent damage due to the Internet network, such as computer viruses or hacking.
Article 7 : Right of withdrawal
The Buyer disposes of 14 days from the day of the reception of the goods to make up his mind. In case of claim for exchange or refund, the Buyer has to send the good(s) back at his costs in their original packaging, in mint condition, with the purchase order and every accessory, properly sealed, at this address:
30 allée des noisetiers
In case of exercise of right of withdrawal, BellydanceDiscount.com must reimburse the total amount of sums paid by the Buyer, without expenses, except for return fees. In case of partial return of the order, and taking into account the flat rate of the forwarding fees, they will not be reimbursed.
The refund is due by bank transfer or by cheque within 14 days.
Every items can be exchanged or reimbursed except « tailor-made » items.
Article 8 : Intellectual property
The website is the entire property of BellydanceDiscount.com: text, picture (in motion or not), video, design. Any reproduction, in full or in part, must be submitted to the authorization of the executive. The same applies to translation, adaptation or transformation, arrangement or reproduction by any technic or process.
The brand BellydanceDiscount.com and its logo have been deposed and registered. Any reproduction, imitation, use, position, suppression, or modification is therefore forbidden and is an illegal counterfeit. Any unauthorised link to BellydanceDiscount.com must be withdrawn at the request of the Seller, the Seller reserves the right to initiate any proceedings he will deem necessary.
Article 9 : Personal information
Personal information collected within distance selling are mandatory, given that they are indispensable for order processing and issuance, as well as to make out invoices. Wrong information results in non- validation of the order.
In accordance with the “Data Protection” law, treatment of personal information concerning the Buyers has been the subject of a declaration to the National Commission for information technology and civil liberties (CNIL). The Buyer has the right to access, modify, correct and erase his personal data (section 34 of the Act of January 6th, 1978), he can exercise this right at BellydanceDiscount.com. Moreover, BellydanceDiscount.com commits itself not to communicate, for free or for a compensation, a Buyer's data to a third party.
Article 10 : Dispute
The present contract is submitted to the French legislation. BellydanceDiscount.com will not be held responsible for any damage, tangible or intangible or physical, resulting from malfunction or misuse of the commercialised goods. The same applies to possible modifications made to goods coming from the manufacturers. Whatever the circumstances, BellydanceDiscount.com's responsibility will be limited to the total sum of the order and will not be held responsible for remaining mistakes or omissions despite taking precaution in the products' presentation.
In case of difficulty in the application of the present contract, the Buyer has the possibility, before any judicial proceedings, to look for an amicable solution by contacting BellydanceDiscount.com's Customer Services by mail at email@example.com or by phone : 06 29 15 37 39.
We will always carefully listen to every complaints and contentions, as we will always assume that someone taking their time to question us is genuine. Let us remind you that as a general rule and under the condition that a court assesses it, the respect of the dispositions of the present contract presupposes that the Buyer honours his financial commitments with the Seller. Otherwise, the Commercial court have exclusive jurisdiction, whatever the place of delivery and the means of payment.
Article 11 : Secure online payments
At BellydanceDiscount.com, and through its bank partner La Banque Postale and PayPal, every purchase is extremely secure. BellydanceDiscount.com will not be held responsible for any occasional fraudulent use of its payment platform by a third party.