General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") define the terms and conditions of a distance selling contract via the Online Store located at www.1001bees.com between:
Any person browsing the website: www.1001bees.com, (hereinafter referred to as the "Client")
AND
The Limited Liability company VIVALIRIS (hereinafter referred to as the "Seller"), registered under number 0772690221 with the BCE Register (Crossroads Bank for Enterprises).
Article 1 – Purpose and Scope
These General Terms and Conditions of Sale apply to the distance selling of Products by the Seller via its online store located at www.1001bees.com (hereinafter referred to as the "Store") to a Client (hereinafter referred to as the "Client"). These GTC define the reciprocal rights and obligations of the Seller and the Client in the event of a distance purchase of goods for sale on the Seller's online Store (hereinafter referred to as the “Products”).
The GTC set out the rights and obligations of the Seller and the Client (hereinafter collectively referred to as "Parties") in connection with an order placed by the Client via the Seller's Online Store, without prejudice to the application of the provisions of the French Consumer Code specific to the Client as a Consumer. By placing an order on the Seller's Online Store, the Client acknowledges having read and accepted these GTC. The GTC in force at the time the Client places an order on the Online Store are deemed accepted without reservation by the Client. If the Client renounces the acceptance of these GTC, the said order is deemed null and void.
The Seller reserves the right to modify or update these GTC, which is why the Seller strongly recommends that its Clients systematically re-read the GTC before placing any order on the Online Store. The date of the last update of these GTC appears at the top of this page in bold.
The GTC do not apply in cases where:
- the Client places an order on the Online Store as a natural person or legal entity for professional purposes.
- the Client places an order on the Online Store as a Professional as defined by the Preliminary Article of the French Consumer Code.
Article 2 – Order
The Client can place an order via the Online Store by selecting the desired Products and following the payment instructions. Any order placed on the Seller's Online Store constitutes a distance selling contract between the Client and the Seller. The Parties are bound by a distance selling contract as defined by Article L221-1 of the French Consumer Code from the moment the order is confirmed by the Client after viewing the details and the final price of this order.
These GTC are applicable to the sales contract between the Seller and the Client. The Seller reserves the right to accept or refuse any order placed by a Client. The Client acknowledges being over 16 years old to place an order on the Online Store.
In case of acceptance of the order by the Seller, the Client will receive an order confirmation within 48 hours to the email address provided at the time of the order. In the absence of order confirmation within 48 hours by the Seller, the distance selling contract is deemed null and void, and the Client is assured that no money will be debited for the payment of this order, or if payment has already been made, the Client is assured that the total amount paid for the order will be refunded to their bank account.
Article 3 – Products
§1 – Product Description
The Seller undertakes to provide the most accurate possible description and presentation of the essential characteristics of each Product displayed on the Online Store. In the event of an error in the display or description of the Products, the Seller reserves the right to correct them at any time and will endeavor to notify the Client to offer them:
- either to waive the purchase of the Product in question
- or to confirm their purchase in light of the modifications made to the description of the Product in question
If the Client does not respond to the Seller within 7 days in the event of a correction or change to a Product's description, the Client is deemed to have waived their purchase.
§2 – Product Unavailability
The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to remove a Product from the Online Store at any time. In the event that one of the Products ordered by the Client becomes unavailable after the order has been confirmed by the Seller, the Seller undertakes to contact the Client as soon as possible to offer them:
- either the replacement of the unavailable product with a similar substitute product at the same price. In the event of the Client exercising their right of withdrawal for a substitute product offered by the Seller and accepted by the Client, the return will be at the Seller's expense (See Article 9 – Right of Withdrawal below).
- or the refund of the unavailable product by the Seller to the Client within thirty days.
Article 4 – Prices
The price of the Products is displayed on the online store with the description of each product and at the time of the order summary. The displayed price corresponds to the price of each Product, all taxes included and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the chosen delivery type.
Article 5 – Promotions
In case of an active promotion on the Online Store, the reference price of the Product is displayed next to the selling price. The reference price corresponds to:
- either the price previously practiced by the advertiser for this Product
- or the recommended price by the manufacturer or distributor of the Product
- the maximum legal price for this type of Product if its price is regulated
Promotional codes made available by the Seller or the Seller's partners are applicable on the Online Store and are valid while stocks last and until the code expires. Promotional codes are subject to an expiration date.
Article 6 – Payment
Payment corresponds to the settlement of the total amount, all taxes included, for the Products and delivery if it is paid. The different payment methods accepted on the Seller's Online Store are displayed at the time of order finalization.
Article 7 – Order Cancellation
Order cancellation is not possible, unless the Seller decides otherwise and notifies the Client by written agreement. The cancellation of an order means the return of the Product(s) to the Seller and the reimbursement of any sum paid by the Client to the Seller in connection with the order.
Article 8 – Delivery
§1 – Deadlines
The delivery time for an order on the Online Store appears at the order summary stage before proceeding with payment. The Seller undertakes to ship the Client's order once it has been fully paid and the Seller has been notified thereof, within a maximum of fourteen days. The Seller undertakes to ensure delivery of the order to the address indicated by the Client within a maximum of thirty days. This thirty-day delivery period runs from the receipt of payment for the order by the Seller. In the event of exceeding the thirty-day delivery period, the Seller undertakes to refund the Client the entire sum paid for their order within fourteen days.
§2 – Conditions
The general conditions of the carrier handling the delivery of the order placed on the Online Store are applicable to the delivery. In the event of no recipient at the address chosen by the Client for delivery, the carrier leaves a delivery attempt notice notifying the recipient. Delivery is considered completed once the order is received at the address chosen by the Client.
Some orders may be shipped in multiple consignments, separating the Products for shipment. For orders requiring separate shipment of certain Products, the order is considered received once all Products have been received.
Article 9 – Right of Withdrawal
§1 - Definition and Extinction
In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Client as a non-professional on the Seller's Online Store, the Client has a period of fourteen calendar days from the receipt of the Product(s) ordered on the Online Store to exercise their right of withdrawal with the Seller, without penalty or justification.
If this fourteen-day period ends on a Sunday, public holiday, or non-working day, this period is extended until the next business day. Since some orders may be shipped in multiple consignments, the fourteen-day period begins to run on the day the last Product is received.
§2 - Exercise
The right of withdrawal allows for a refund of the total price paid by the Client for one or more Products, including all taxes and delivery, without justification or penalty. Additional costs resulting from a choice of delivery method other than the delivery method recommended by the Seller cannot be reimbursed. Only the cost of the delivery method recommended by the Seller will be reimbursed under the right of withdrawal. The right of withdrawal applies even to promotional products.
In the event of exercising the right of withdrawal, the Client must return the desired Products in packaging that ensures safe transport and security of the Product, along with the attached withdrawal form (Appendix 3 of the GTC) to the address:
1001bees.COM - VIVALIRIS
51, Michel Hamélius Street,
6700 Arlon, Belgium.
The Seller undertakes to reimburse the Client within fourteen days from the date on which the Seller is notified of the Client's wish to withdraw. The Client's reimbursement is considered effected once the Client has received the corresponding sum through the payment method used for the order. Should the fourteen-day period for reimbursement be exceeded, the Seller is subject to the legal interest rates provided for in Article L242-4 of the Consumer Code.
§3 - Exceptions
The Client cannot exercise the right of withdrawal for the following Products ordered on the Online Store:
- Products whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
- Products made to the consumer's specifications or clearly personalized;
- Products liable to deteriorate or expire rapidly;
- Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- Products that, after being delivered and by their nature, are inseparably mixed with other items;
- Products comprising audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- Products consisting of digital content not supplied on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.
Article 10 – Warranties
§1 – Legal Guarantee of Conformity (Consumer Code)
When purchasing Products via the Seller's Online Store, the Client benefits from a legal guarantee of conformity. To act under the legal guarantee of conformity, the Client, as a Consumer:
- benefits from a period of two years from the delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
To exercise their right to the legal guarantee of conformity, the Client must only contact the Seller's customer service, whose contact details are available on the Online Store's website, by providing proof of purchase of the Product on the Seller's Online Store. To make a return under the legal guarantee of conformity, the Client must only contact the Online Store's customer service at the following e-mail address: contact@1001bees.com, with proof of purchase of the Products. The Online Store's customer service will provide them with the instructions to follow.
The legal guarantee of conformity applies independently of any manufacturer's or commercial guarantee that may be granted.
§2 – Legal Guarantee against Hidden Defects (Civil Code)
The Client, as a consumer, may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In application of the legal guarantee against hidden defects, the Client has a period of two years from the date of discovery of the defect to contact the Seller and notify them of the discovery of a defect. The defect corresponds to a flaw in the Product that renders it unfit for the use for which it is normally intended.
The Client can choose between the cancellation of the sale, meaning a full refund including all taxes and delivery, or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
To exercise their right to the legal guarantee against hidden defects, the Client must only contact the Seller's customer service, whose contact details are available on the Online Store's website, by providing proof of purchase of the Product on the Seller's Online Store. To make a return under the legal guarantee against hidden defects, the Client must only contact the Online Store's customer service at the following e-mail address: contact@1001bees.com, with proof of purchase of the Products. The Online Store's customer service will provide them with the instructions to follow.
§3 – Exercise of Manufacturer's Warranty Right
Products sold on the Online Store by the Seller may be subject to a warranty issued by the manufacturer of these Products. The warranty period for each Product is indicated in its description. Once the manufacturer's warranty period indicated in the Product description has expired, the return of the Product is no longer possible unless the Client's right of withdrawal applies. To exercise their warranty right, the Client must only contact the Seller's customer service, whose contact details are available on the Online Store's website, by providing proof of purchase of the Product on the Seller's Online Store.
The manufacturer's warranty for the Products does not apply to Products whose installation or assembly is carried out under the sole responsibility of the Client. Installation and assembly under the sole responsibility of the Client is necessary in cases where Products are delivered in separate parts. In such cases of Products delivered in separate parts, assembly is carried out in light of the documents and recommendations provided by the Seller. In these cases, the Seller is not responsible for the installation, assembly, or non-compliant use of the Product with respect to its description, the Seller's instructions and recommendations for the Product, or current standards.
To make a return under a manufacturer's warranty, the Client must only contact the Online Store's customer service at the following e-mail address: contact@1001bees.com, with proof of purchase of the Products. The Online Store's customer service will provide them with the instructions to follow.
Article 11 – Transfer of Ownership
The Product(s) ordered by the Client become the Client's property upon full payment of the order amount, including all taxes and delivery.
Article 12 – Partial Nullity
If one or more provisions of these GTC are deemed invalid in application of a current standard or a final decision from a competent jurisdiction, the provisions not affected by this invalidation remain applicable in their entirety.
Article 13 – Applicable Law and Jurisdiction
These GTC are subject to French Law. In the event of a dispute arising between the Client and the Seller, the parties will favor an amicable resolution of the dispute by resorting to a Mediator. The contact details of the competent Mediator in case of a dispute between the Seller and a Client are available at the following address: https://www.mediation-franchise.com. Any dispute relating to the interpretation and/or execution of these GTC falls under the jurisdiction of the French courts.
MERCASAFE© User License: MS 1001-178999
Appendix 1: Consumer Code
§1 – Unfair Clauses
Article L132-1, Modified by Ordinance No. 2016-131 of February 10, 2016 - art. 6, Repealed by Ordinance No. 2016-301 of March 14, 2016 - art. 34 (VD)
In contracts concluded between professionals and non-professionals or consumers, clauses that have the purpose or effect of creating, to the detriment of the non-professional or consumer, a significant imbalance between the rights and obligations of the parties to the contract are deemed unfair.
A decree of the Council of State, issued after consulting the commission established in Article L. 534-1, determines a list of presumed unfair clauses; in the event of a dispute concerning a contract containing such a clause, the professional must provide proof of the non-unfair nature of the disputed clause.
A decree issued under the same conditions determines types of clauses which, given the seriousness of the breaches they cause to the balance of the contract, must be regarded, irrebuttably, as unfair within the meaning of the first paragraph.
These provisions are applicable regardless of the form or medium of the contract. This is particularly the case for purchase orders, invoices, warranty slips, delivery notes, tickets, containing freely negotiated or non-negotiated stipulations or references to pre-established general conditions.
Without prejudice to the rules of interpretation provided for in Articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfair nature of a clause is assessed by referring, at the time of conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all other clauses of the contract. It is also assessed with regard to those contained in another contract when the conclusion or performance of these two contracts are legally dependent on each other.
Unfair clauses are deemed unwritten.
The assessment of the unfair nature of clauses within the meaning of the first paragraph does not concern either the definition of the main subject matter of the contract or the adequacy of the price or remuneration for the goods sold or the service offered, provided that the clauses are drafted clearly and understandably.
The contract will remain applicable in all its provisions other than those deemed unfair if it can subsist without the said clauses.
The provisions of this article are a matter of public policy.
§2 – Right of Withdrawal
Article L121-20-12, Modified by LAW No. 2010-737 of July 1, 2010 - art. 59, Transferred by LAW No. 2014-344 of March 17, 2014 - art. 9 (V)
I.-The consumer has a period of fourteen full calendar days to exercise their right of withdrawal, without having to give any reason or bear any penalties.
The period during which the right of withdrawal may be exercised begins to run:
1° Either from the day the distance contract is concluded;
2° Or from the day the consumer receives the contractual conditions and information, in accordance with Article L. 121-20-11, if this latter date is after the one mentioned in 1°.
II.-The right of withdrawal does not apply to:
1° The supply of financial instruments mentioned in Article L. 211-1 of the Monetary and Financial Code as well as services for receiving, transmitting, and executing orders on behalf of third parties mentioned in Article L. 321-1 of the same code;
2° Contracts fully executed by both parties at the express request of the consumer before the latter exercises their right of withdrawal;
3° Real estate credit contracts as defined in Article L. 312-2;
4° Reverse mortgage contracts as defined in Article L. 314-1.
III.-This article does not apply to contracts mentioned in Article L. 121-60.
IV.-For linked credit contracts defined in 9° of Article L. 311-1 concluded using a distance communication technique, the fourteen-day withdrawal period cannot be reduced.
The exercise of the right of withdrawal entails the automatic termination of the sales or service contract only if it occurs within seven days from the conclusion of the credit contract. Furthermore, when the consumer, by express request, asks for the immediate delivery or supply of the goods or services, the exercise of the right of withdrawal entails the automatic termination of the sales or service contract only if it occurs within three days from the conclusion of the credit contract. Any early delivery or supply is at the expense of the seller who bears all risks thereof.
Article L221-28, Created by Ordinance No. 2016-301 of March 14, 2016 - art.
The right of withdrawal cannot be exercised for contracts:
1° For the provision of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
3° For the supply of goods made to the consumer's specifications or clearly personalized;
4° For the supply of goods liable to deteriorate or expire rapidly;
5° For the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
8° For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the spare parts and work strictly necessary to respond to the emergency;
9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° For accommodation services, other than residential accommodation, goods transport services, car rental, catering, or leisure activities that must be provided on a specific date or period;
13° For the supply of digital content not provided on a tangible medium, the performance of which has begun after agreement
§3 – Legal Interest Rates
Article L242-4, Created by Ordinance No. 2016-301 of March 14, 2016 - art.
When the professional has not reimbursed the sums paid by the consumer, the amounts due are automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiration of the deadlines set in the first and second paragraphs of Article L. 221-24, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days, and by an additional five points per new month of delay up to the price of the product, then by the legal interest rate.
§4- Legal Guarantee of Conformity
Article L217-4, Created by Ordinance No. 2016-301 of March 14, 2016 - art.
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out by them under the contract or under their responsibility.
Appendix 2: Civil Code
Article 1641, Created by Law 1804-03-06 promulgated on March 16, 1804
The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lesser price for it, had they known of them.
Article 1644, Modified by LAW No. 2015-177 of February 16, 2015 - art. 10
In the case of Articles 1641 and 1643, the buyer has the choice to return the item and have the price reimbursed, or to keep the item and have a part of the price reimbursed.
Appendix 3: Withdrawal Form
