The general conditions of sale herein govern the relations between, on the one hand, and jointly, the company SARL PASHA ST BARTH, owner of the PASHA ST BARTH brand, listed in the RCS of GUADELOUPE number 535 217 665, domiciled at 14 rue du général de Gaulle 97133 St Barthelemy, hereinafter referred to as "the company" and, on the other hand, the person who carries out an acquisition remotely via the website of SARL PASHA ST BARTH: WWW.PASHA-STBARTH.COM , hereinafter referred to as "the customer". The parties agree that purchases made from SARL PASHA ST. BARTH, via the internet are regulated solely by the general conditions of sale, excluding any stipulation that may appear on the site www.pasha-stbarth.com. ARTICLE 1 - Rates 1.A – The pricing of the products is fixed in Euro (€), VAT not included, taxes can therefore be applied will be the country of receipt of the order by the competent authorities with the rates in force. Shipping costs are extra.
1.B – The currency of use for any payment of orders whatever their origin is: The €uro.
1.C – The prices can be changed by simple decision of SARL PASHA ST BARTH. Only the price in force will be applied when the order is confirmed by PASHA ST BARTH as provided for in article 3.b of the general conditions of sale. ARTICLE 2 - Order 2.A – The customer certifies that he is aware of and accepts the general conditions of sale before placing his order. 2.B – The registration of the order must be entered on the site: www.pasha-stbarth.com
2.C – The parties mutually acknowledge the lack of availability of the products or that the latter may no longer be on sale at the time of placing the order on the site: www.pasha-stbarth.com
2.D – Non-compliance with the general conditions of sale leads to the closing or suspension of the customer account. The closing or suspension of the customer account requires the written agreement of SARL PASHA ST BARTH, owner of the site www.pasha-stbarth.com, before accepting to recommend on the site www.pasha-stbarth.com
ARTICLE3 – Confirmation of the order 3.A – The order will be made official by the company by sending an e-mail containing (prices, products, quantity, etc.) 3.B – The sale will become effective when the customer has been able to check the box of his order as well as its price. In addition, he must, if necessary, rectify possible errors and communicate these to Pasha St Barth to formalize his final acceptance.
3.C – Orders validated by the customer constitute acceptance of the sales contract, as well as the price, description, number of items offered for sale and the content of the general conditions of sale.
3.D –
www.pasha-stbarth.com records and stores customer data serving as proof of transactions between the company and its customers.
ARTICLE4 – Availability 4.A – SARL Pasha St Barth offers its products as long as they are visible on the site www.pasha-stbarth.com and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
4.B – In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.
4.C – In addition, the website: www.pasha-stbarth.com is not intended to sell its products in large quantities. Therefore the company reserves the right to refuse orders of more than 100 items. ARTICLE 5 – Delivery 5.A - www.pasha-stbarth.com will make every effort to respect its shipments within ten working days in mainland France and 3 weeks for the rest of the world from the date of receipt of the order and payment. The deadlines have no contractual value, they correspond to the average deadlines for use on the site and take into consideration the processing time of the order as well as the delivery.
5.B – www.pasha-stbarth.com will inform the customer of presumable delays in delivery.
5.C – The delivery of the products will be made according to the coordinates communicated during the order. 5.D – The burden of risk, ownership of the goods, deterioration, loss or theft of the equipment will be transferred to the buyer upon delivery.
5.H – Failure to collect the package by the customer from the carrier within a given time (for the post office 15 days) will systematically result in the return to the sender of the package. The costs of reshipping and processing the package will be borne by the customer at the price of 15€.
ARTICLE 6 – Method of payment 6.A. – All orders can be paid by credit card, paypal, or apple pay. www.pasha-stbarth.com has a secure payment module for this. The credit card number and the expiry date will be encrypted and will be communicated to Stripe securely (SSL) so that the company or any other third party cannot access it. In the event of possible returns and in order to proceed with the refunds referring thereto, this information will be used.
6.B – The customer's account will be debited at the time of payment validation of the amount corresponding to the order.
6.C –
www.pasha-stbarth.com records and stores data from all past transactions. These transactions recorded by the payment server thus constitute proof of the financial transactions.
6.D- The
www.pasha-stbarth.com website will provide its customers with the invoice once the order has been delivered.
ARTICLE 7 – Conditions of withdrawal 7.A – In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to give reasons or pay a penalty.
7.B – Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
7.C – Return costs are your responsibility. 7.D – In the event of exercise of the right of withdrawal, the company will refund the sums paid, within 14 days following the notification of your request and via the same means of payment as that used during the order from receipt of the shipment from the customer.
7.E – In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
ARTICLE 8 – Conditions of Guarantee / Liability 8.A – All products are in full compliance with French legislation. 8.B – A shortage of stock does not in any way engage the responsibility of www.pasha-stbarth.com, delay in delivery, strike (including in transport) or any other case of force majeure and more generally for any situation not being exclusively and directly attributable to the company.
8.C – All the illustrations (photographs of the product) on the site www.pasha-stbarth.com have no contractual value.
8.D – The use of the site
www.pasha-stbarth.com by the customer, whether accessing or browsing, is at their own risk.
8.E – The progress of all the steps proposed on the site (order, delivery) only commits to an obligation of means. A malfunction of the Internet network can in no way engage the responsibility of the company, whether it is a lack of service, external interference, a computer virus or any case of force majeure.
8.F – The customer acknowledges and accepts that, to the fullest extent permitted by applicable regulations,
www.pasha-stbarth.com cannot be held liable for direct, indirect, incidental damage, or compensation for damage moral, cost, loss, decrease in turnover or profits, or liabilities of any kind (including if the occurrence of such damage was known or could have been foreseen by www. pasha-stbarth.com), which may arise from the use or, on the contrary, from the impossibility of using the site or its content.
8.G – Furthermore, the company cannot be held liable for damages resulting from improper use of the purchased product.
ARTICLE 9 - Reimbursement 9.A – According to article 7, any refunds would be made on condition that the company receives the products within a period of less than or equal to thirty days.
9.B – The company will choose the method of reimbursement, either by crediting the customer's bank account or by check made out and sent in the name of the customer who placed the order and corresponding to the billing address. COD shipments for whatever reason will be refused. ARTICLE 10 – Follow-up / Customer service Customer service is at your disposal to answer all your questions at the following address: pashastbarth@gmail.com . ARTICLE 11 – Applicable law / Disputes This contract is governed by the provisions of French law applicable in this case.
Any dispute relating to its formation, interpretation and/or application will fall within the jurisdiction of the Commercial Court of Guadeloupe. ARTICLE 12 – Personal data The information, personal data relating to customers and collected by www.pasha-stbarth.com have been declared to the CNIL and are treated in the strictest confidentiality. The company undertakes to protect the personal data transmitted by the customer. What information do we collect? For what use? The www.pasha-stbarth.com site collects information such as the name, postal address, email address and telephone number of its customers for the sole purpose of performing optimal order processing and efficient commercial monitoring. . Indeed, the telephone number will allow us to contact you in the event of a problem with your order. As part of marketing campaigns, your e-mail address may be used to inform you of news concerning www.pasha-stbarth.com (newsletters, new products, possible promotions, etc.) As for your names and addresses (if applicable the name and postal address of the recipient of the product), these must be communicated to us and will be transmitted to our transport providers in order to successfully route the packages. All your details will only be used by www.pasha-stbarth.com in a purely commercial context, so none of your personal data will be used by a third party or resold. Useful contact details If you wish to contact us, our contact details are as follows: - telephone number: at +59 0 690 76 94 70 from mainland France and internationally from Monday to Friday from 10 a.m. to 5 p.m. (local time GM-4).
