GENERAL TERMS AND CONDITIONS OF THE PROFESSIONAL PLATFORM

 

  1.       Introduction

BELLA  SARL is a Company Limited with a capital of  102 000.00 Euros, registered with the Trade and Companies of Bobigny, the registered number is 497 628 776, the official address is 3 RUE GILBERTE DESNOYERS 93600 AULNAY SOUS BOIS  FRANCE.

BELLA  SARL is supported by the online platform under the website www.b2bella.com that is a virtual marketplace for the exchange of information in commercial of Business-to-Business (B to B).

The one who wants to access this platform should sign in a member and the registration is free.

  1.       Registration

Customer must register themselves via the icon « Register » at the top right of the home page to access the website.

A registration form will appear on the web and Customer must provide the following information:

● Surname

● Given name

● Company

  • E-mail

● Password

● Confirm the password

● Address

● Code

● Country

● Telephone number

● Fax number

● Website

● Official registration number

● VAT number

● Vignette

● Domain

● How do you know www.b2bella.com

● Would you like link to newsletter

● I have read and agreed to the registration agreement

Once you have applied for the registration, the account activation must be accepted by service BELLA  SARL. Then, the confirmation of account registration will be sent to Customer via e-mail informed. This confirmation letter contends the e-mail address and the password in order that Customer can log in afterwards.

Once the registration and the confirmation have been finished, Customer will print the contract of general terms and conditions, he will sign and send it with the following information:

● Kbis extract less than 3 months;

● Copy the ID recto verso of the manager;

● RIB of your company;

To the address following:

BELLA  SARL

3 Rue Gilberte Desnoyers

93600 Aulnay Sous Bois

France

Customer must use the e-mail address and the password against a third unauthorized.Moreover, the e-mail address and the password must be protected against the unauthorized access by a circle of people who aren’t part of the own sales organization.

 

When Customer suspect any abusive behavior for the e-mail address or the password, he should immediately inform to BELLA  SARL.

Customer is responsible for his abusive behavior for the e-mail address and the password, unless it can prove that this abuse is due to a failure from BELLA  SARL.

If Customer offers the wrong information and which is danger for the present clause, BELLA  SARL will suspender or terminate  the account of Customer without delay, even for the future access.

  1.       Manual of this professional platform

The professional platform is especially reserved for the professional and BELLA  SARL has the rights to refuse all the people who aren’t authorized.

It’s total free to use this professional platform and it isn’t necessary to buy the goods.

  1.       Objet

The present general conditions aim to illustrate the conditions of the use and sale of the products in this professional platform for the buyers. These conditions could be counseled in the website and they could be accepted by Buyers via a click while the confirmation for each order. BELLA  SARL has the rights to change the general conditions whenever. However, the new general conditions don’t be applied for the transaction confirmed.

  1.       Products fiches

The product on sale via the professional platform is descripted by a product fiche in the website.

The product fiche contends especially the following information:

● Description of the product

● Number of the product

● Price of the product (without VAT)

  1.       Price of the products

In order to show the price of the products, Customer must sign in with his e-mail and password.

The price of the products offered for sale via professional platform is fixed in according to the law and regulation.

The price of the products is indicated in Euro without VAT or delivery charge.

The delivery charge for each product will be added before the validation of the order.

Moreover, the price may be changed at any time, but the new price isn’t applicable for the order confirmed.

  1.       Product order

Customer must identify himself with his email and password for his order.

Customer must be a legal person and can be contacted.

The product order via the professional platform is only possible on the website, and as following steps:

● Customer adds the goods in his basket which he wants. Delivery charge will be added to the price of the goods;

● Customer checks the details of the order and the total price;

● Customer validates his order and accepts the present general terms and conditions;

● Customer indicates the mode of delivery, when he choices his delivery mode, please indicate the delivery address;

● Customer pays for the order;

● BELLA  SARL debit the bank account of Customerof the amount of the order. BELLA  SARL reserves the rights to block the order if the payment isn't achieved;

● Customer receives an e-mail for the order confirmation;

The last step accomplishes the sales contract.

Every validation of the products by Customer means acceptance of the price.

Any question about the order, Customer must contact BELLA  SARL via email.

The offer presented on the site is available until it's visible on the site and within the limit of the stock.

In case of unavailability of the products ordered after transaction the order:

● Customer will be informed by e-mail as soon as possible;

● Customer will have the choice for the another order;

●The amount of the refund is according to the amount of unavailabilityof the product;

  1.       Methods of payment for Buyer

Customer should choice the online payment for the products when using the following options:

● Online payment by credit card (Blue Carte: Visa, Eurocard / Mastercard or other valid ways of payment on the website). When payment online by credit card, Customer is required to provide the type of the card, the number of the card, the expiry date and the security code. It makes sure that the card is entitled to pay for the goods and the funds is sufficient.

●Payment by Paypal;(the comission fee will be charged to you)

● Payment by bank transfer;(stocks will not block)*

● Payment by check;(stocks will not block)*

*Is not received within five days of the check is automatically canceled

*Customer then has 24 hours to send a copy of the transfer to BELLA  SARL with the authentic stamp of bank.

Absence of receipt of the transfer after the deadline of 72 hours, the order will be canceled automatically.

RIB

30066 10916 00020022101 38

or

IBAN

FR76 3006 6109 1600 0200 2210 138

BIC

CMCIFRPP

 

● Payment on the spot. Customer then has 7 days to pay the goods on the spot. After the deadline, the order will be canceled automatically.

 

BELLA  SARL company reserves the right to suspend or cancel the account of Customer who contraries the clauses of general terms and conditions.

 

Every account will be suspended or closed on the site https://b2bella.com/cn/without the permission of services of BELLA  SARL beforehand.

 

BELLA  SARL specifically reserves the rights to refuse the delivery or to carry out an order from Customer who hasn't paid all the price or with whom a payment dispute is under administration.

 

BELLA  SARL reserves his ownership for the goods until all the payment of products. Without our prior written agreement, the payment couldn't be suspended or compensated.

 

The receipt for Customer is directly available on the site under the heading « my account », accessible from the home page. Entering e-mail address and password on the site https://b2bella.com/cn/, Customer could print the receipt according to the order.

 

  1.                  Delivery of products

 

The products will be delivered as the address indicated on the recipient, the information is provided by the Customer when entering information in the order. That’s why BELLA  SARL request the Customer to ensure the information he was able to provide for the delivery of the order.

 

The carrier is responsible for the goods once he received the goods.

 

For delivery outside of France, the Customer can’t transport the goods himself.

 

The Customer could choice the delivery address, we propose two ways for delivery of the order:

 

-          Customer receives the goods in the warehouse of BELLA  SARL.

For delivery outside of France, the Customer can’t transport the goods himself.

The transfer of risk takes effect from the warehouse, BELLA  SARL declines all responsibility once they have delivered the goods to the carrier chosen by the Customer when ordering.

 

Customer must make an appointment to take delivery. In case of no show the day of the appointment, there will be a penalty of fifty euros and will make a new appointment. Customer couldn’t take the goods without appointment.

 

-          Delivery by a carrier proposed by BELLA  SARL «EXAPAQ».

The transfer of risk takes effect from the warehouse, BELLA  SARL declines all responsibility once they have delivered the goods to the carrier chosen by the Customer when ordering.

 

Delivery charge is depend on the weight of the goods and the price will be appeared when checkout of the order.

 

When the goods is taken off the  warehouse, BELLA  SARL will sent an email to Buyer, which contends the shipping confirmation and the number of the package.

 

Customer can follow the process the order, with his package number on the websites of the carrier: http://www.exapaq.com/index.php/fr/Suivi-colis

 

Customer should confirm the delivery, make any reserve and complaint, even refuse the delivery if it is likely to have been opened or if it shows clear signs of deterioration. The reservations and complaints must be addressed to the carrier by letter with receipt within three working days when he receives the goods, except the public holidays; a copy will be immediately sent to BELLA  SARL. As the Article L 133-3 of the Commercial Code, no claim within the limited period is an action against the carrier.

 

To follow your order, we send you an email once the goods is depart from our warehouse. Risk transfer takes place from the warehouse.

 

Carriers give the delay, so BELLA  SARL won’t be held responsible for late or loss delivery. In case of no-receipt of the goods within the time specified, Customer should contact us with the form in the account, we will ask the status of your order by an investigation to the carrier.

 

The carrier sets itself the delay for loss of the goods.

 

Customer could follow the order, when he finds an anomaly on the package (damaged, opened, ...), Customer  must:

 

-          Refuse delivery and finding of fault

 

-          Note the damage or missing product and sent to BELLA  SARL by registered letter with receipt within three working days from receipt of the goods.

 

If an anomaly on the goods (missing products, damaged, lack of conformity ...) Customer must report it by email or post within three working days from receipt of the order.

 

If the responsibility is considered by BELLA  SARL, we will proceed as soon as possible to exchange or refund for damaged products and / or delivery of the missing Product.

 

BELLA  SARL isn’t responsible for the wrong address or a false maneuver.

Customer couldn’t be exchanged or refund if he doesn’t respect de process of the claims.

 

When Customer requests the claims, the goods may be returned to BELLA  SARL.

 

Goods returned must be accompanied by the document attached to the delivery.

 

BELLA  SARL could choice the way and the address for returned the goods within eight days.

 

The charge the risks of return is due to Customer or carrier.

 

  1.   Right of withdrawal for Buyer

 

According to the Art. L121-20 of the Consumer Protection Law, Customer has the right of withdrawal within seven days from receive of the products, Customer has the right to return the products without any reason or penalty.

 

It is recalled that all the products could be returned, except the law allows.

 

The products can't be worn, washed or damaged. They must be returned unbroken in their original packaging with its accessories, manuals and other documentation.

 

Customer must return the product only to the address indicated by BELLA  SARL.

 

BELLA  SARL can't be held responsible in the event of loss of the product while Customer couldn’t return the product to the address indicated.

 

If application for the right of withdrawal within the deadline, only the price of the product will be refunded. Customer is responsible for the delivery charge.

 

After receive of the returned product, BELLA  SARL will refund Buyer, the amounts refund is the price of products within thirty days.

 

  1.               Claim and suits

 

In case of complaint for the product (damaged products, products incorrect with the order or the product sheet), Customer must contact BELLA  SARL, and within fourteen days from received of the product, without prejudice to Art. L 211-4 and following of the Consumer Protection Law.

 

Customer should follow the instructions offered by service of BELLA  SARL. Especially the steps of the return the damaged or incorrect product, BELLA  SARL will process the step of refund.

After BELLA  SARL receives the incorrect or damaged product, we will send a new product to Customer without other costs.

 

  1.    Guarantee of the product

 

All products sold via the professional platform have guarantee of conformity (Art. L211-1 of the Consumer Protection Law) and the guarantee against hidden defects (Art. 1641 of the Civil Law) for returning the defective products to BELLA  SARL.

 

Moreover,if the products have a contractual guarantee from BELLA  SARL, all the information will be indicated on the website.

 

The guarantee doesn’t apply for nature attrition (batteries, read heads ...) or due to abnormal use of the product, trouble related to incorrect connection of the equipment or the unrespect of the instruction manual, in shock, lack of use, lack of maintenance or external causes to the product (any force majeure including, lightning, water damage, etc.).

 

● Art. L211-4 of the Consumer Protection Law: « The seller must deliver the goods in a correct status according to the contract and reply the defects conformity during the delivery. It also replies the defect of conformity of the package, instruction of installation when it was put to him by the contract or carried under its responsibility».

 

● Art. L211-5 of the Consumer Protection Law: «To well conform to the contract, the product must:

 

  • Be suitable for the purpose as a product:

 

 

  1.   Responsibility

 

BELLA  SARL is total responsible for the products in the professional platform;

 

BELLA  SARL isn’t responsible for the defect behavior of Buyer;

 

And so on, BELLA  SARL isn’t responsible for all the inconvenience or the damage for the use of the internet, especially an interruption or disruption of service, external intrusion or presence of computer viruses.

 

  1.   Signature and proof

 

According to the law of 13 March 2000, supply the number of the bank carte and the final valid of the order by the click of the icon «I accept the general terms and conditions about the professional platform», is looked as proof of the order.  

 

This confirmation is looked as the signature and acceptance of all operations by professional platform. However, in case of fraudulent use of the credit card, Customeris required to contact Customer Service of BELLA  SARL by +33(0)1 85 50 08 88.

 

  1.   Personal data

 

During the visit on the website, BELLA  SARL could ask Customerthe information through questionnaires, forms, especially when creating his account.

 

With this information, BELLA  SARL could controller, register and process the orders of the Buyer, it’s a method for marketing studies and statistics in order to provide the most suitable offers, monitoring of service quality and business development.

 

Name, postal address and phone number of the Customer will be sent to BELLA  SARL, and the personal data is only for the better management and the delivery.

 

BELLA  SARL will send to Customer the commercial offers by email, SMS, phone, post if the Customer has accepted. The Customer reserves the right to against these offers at any time without charge BELLA  SARL, by sending an email to our Customer Service on the website under «Contact us» or by letter to BELLA  SARL - Customer Service - 3 Rue Gilberte Desnoyers93600 Aulnay Sous Bois France.

 

The information may eventually be provided to the third parties associated with BELLA GROUPS by contract, for the execution of necessary mission to manage the account, orders and payments.

Some calls will be registered for the better service and following the quality of the product.

 

According to the Data liberty Law in 6th Jan. 1978, all the Customer has the right to access, rectify and delete data concerning or against their treatment. If Customer wants to exercise, it can write to BELLA  SARL - Customer Service - 3 Rue Gilberte Desnoyers93600 Aulnay Sous Bois France with name, address, email and eventual customer reference to accelerate taking his order.

 

Customer could access and change it coordinate in the customer area in «My account» at any time, and manage newsletters in «My newsletters».

 

When Customer visits the website, BELLA  SARL wants to put a cookie in his computer. The cookie doesn’t allow BELLA  SARL to identify Buyer, however, the cookie could help register the information about the navigation of the computer on the website (pages visited, date and time of consultation, etc ...). BELLA  SARL can get the information during their visits. BELLA  SARL informs Buyers that they can refuse the cookies by configuring their browser from the «Tools» and «options».

 

BELLA  SARL implements all the methods to ensure the confidentiality and security of data transmitted in the web.

 

  1.   Intellectual property

 

All elements of the website, both visual and audio, including the underlying technology, are protected by copyright, trademarks or patents.

 

None of the documents from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, unless the following conditions: it is possible to download a copy of the documents from computer for your personal use, only for non-commercial use, provided that it doesn’t change the information and that it keeps intact all copyright and other notices of property.

 

Modification or use these documents by another purpose constitutes an infringement of intellectual and industrial property rights of BELLA  SARL.

 

  1.   Proof, preservation and archive of the transaction

 

The records registered in computer systems of BELLA  SARL, and his believable partners, will be considered as the proof of communications, orders and payments between the parties.

 

According to the Art. 1348 of the Civil Law, archive of the order is carried out by a safe and durable support in order to preserve as a faithful and durable copy.

 

  1. Illegal content or suit

 

BELLA  SARL reserves all rights to cancel any illegal information or content on the website. Welcome to notify BELLA  SARL of any illegal information or content by contacting the Customer Service BELLA  SARL.

    

  1. Integrity

If one clause of the general terms and conditions become invalid, ex : change of legislation and regulation, or a new court decision, it wouldn’t affect in other clause.

      

20. Law and jurisdiction

 

The general terms and conditions are applicable to French law, without prejudice to mandatory legal provisions. The competent court will be in the defendant's place of residence or at the option of the applicant's place of delivery of the product.

 

The website is applicable to French law, BELLA  SARL can't make sure to apply the local law when the Customer is out of France.