1. LEGAL NOTICES
The website barock.fr (hereinafter the "Site") is open to all Internet users.
It is published by: BAROCK EURL, a company with a capital of €1,000, whose registered office is located at 24 avenue du Maréchal Foch, building no. 3, 33120 Arcachon, and registered with the Bordeaux Trade and Companies Register under number 930 973 615, with intra-community VAT number FR 51930973615.
Its publication director is: Barbara Van Amerongen
It is hosted by: Gandi
The Site allows BAROCK to offer clothing products (hereinafter the "Products") for sale to Internet users browsing the Site (hereinafter the "Users"), who have the option to purchase these Products directly on the Site (hereinafter the "Customers").
Part of our site operates on a pre-order system (hereinafter the "Pre-Orders"). By placing a Pre-Order, the Customer acknowledges that if the Pre-Order target mentioned on each Pre-Order product sheet is not reached by the end of the Pre-Order deadline, they will be refunded the full purchase price, and production of the pre-ordered item will not begin.
As production is limited, if the Customer purchases a product in stock (hereinafter the "Orders"), they acknowledge that they may not change the size after receipt. If the Customer wishes to be refunded for an Order or Pre-order and requests it, the refund procedure will be initiated immediately upon receipt of the returned Product.
Any Order or Pre-order for Products listed on the Site requires prior consultation of these general terms and conditions of sale (hereinafter the "GTC") and their unconditional and irrevocable acceptance. Consequently, the Customer acknowledges that they are fully aware that their agreement regarding the content of these GTC does not require a handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site's store.
The Customer declares that they have the capacity to enter into this contract, i.e., that they are of legal age, eighteen (18) years old, and not under guardianship. The parties agree that their relationship will be governed exclusively by these Terms and Conditions.
BAROCK reserves the right to adapt or modify these Terms and Conditions at any time. It is agreed that in the event of modification, the version of the Terms and Conditions applicable to any Order or Pre-order will be the one appearing online on the Website on the day the Order or Pre-order is placed.
2. PRODUCTS
In accordance with Article L. 111-1 of the French Consumer Code, BAROCK presents the Products for sale and their characteristics on the Site. The User has the opportunity to learn, before placing a final Order, the essential characteristics of the Products they wish to purchase.
The in-stock offers presented by BAROCK are only valid while stocks last.
The pre-order offers presented by BAROCK are only valid for the time indicated and the quantity offered for pre-order.
The photos representing the Products are for informational purposes only. These photos, like the text illustrating the Products, are not contractually binding.
3. PRICES
The prices appearing on the Website are indicated in euros, including VAT, and are only valid on the date the Customer confirms the Order. BAROCK reserves the right to modify them at any time, without notice, provided that the Products will be invoiced based on the rates in effect at the time the Order or Pre-order is placed.
Prices do not include delivery costs outside France (delivery is free within France), which are invoiced as an additional charge and indicated before the Order or Pre-order is confirmed. Prices include the VAT applicable on the date of the Order or Pre-order, and any change in the applicable VAT rate will be automatically reflected in the price of the Products appearing on the Website.
Payment of the full price must be made when the Order or Pre-order is placed. At no time may the amounts paid be considered a deposit or down payment. These prices are guaranteed subject to typographical or editorial errors.
The price of Products shipped outside the European Union and the French Overseas Territories will be calculated excluding taxes. In this case, the Customer is considered the importer of the products. In the event that customs duties, import taxes, or other charges are payable due to the geographical destination of the products, these costs are the responsibility of the Customer, who is recommended to carry out the necessary checks and procedures prior to confirming their Order.
4. PAYMENTS
Products are payable in cash upon effective Order placement. The Customer must pay for their purchases online only:
• by credit card: CB, Visa, MasterCard, American Express. The User's bank account will be debited immediately after final confirmation of the order.
• with their PayPal account: By choosing to pay via PayPal, the Customer will be automatically directed to their PayPal account. Once the PayPal payment is validated, the Customer can complete their order on the Site. The Customer's PayPal account will be debited immediately after final confirmation of the Order.
Any surcharges related to the use of a foreign credit card on the Site will be the sole responsibility of the Customer. The Customer is therefore invited to contact their bank to inquire about any applicable exchange rates and/or commissions. The Customer expressly acknowledges that providing their bank card number to BAROCK constitutes authorization to debit their account for the price of the Products ordered. If applicable, a notification of cancellation of the Order due to non-payment is sent to the Customer by BAROCK at the email address provided when creating their Account. The data recorded and stored by BAROCK constitutes proof of the Order and all past sales. The data recorded by PayPal constitutes proof of any financial transaction between the Customer and BAROCK. In any event, BAROCK undertakes to guarantee the confidentiality and security of payments made by the Customer, through the use of the SSL (Secure Socket Layer) system and the 3-D Secure payment protocol.
To avoid any risk of fraud, the Customer is expressly informed that no banking information will be requested by email.
BAROCK reserves the right to suspend or cancel any Order or Pre-order and any delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. In particular, BAROCK reserves the right to refuse to make a delivery or to honor an Order or Pre-order from a Customer
who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing. Delivered goods remain the property of BAROCK until payment is received.
The transfer of risks to the Customer occurs upon delivery of the Products.
The computerized records, stored in BAROCK's computer systems under reasonable security conditions, will be considered proof of communications, Orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
5. ORDERS AND PRE-ORDERS
Any Order or Pre-order will be confirmed when the Customer clicks the "Place my order" button.
Confirmation of the Order or Pre-order implies the Customer's acceptance of these General Terms and Conditions and the essential characteristics of the Products.
Upon registration of the Order or Pre-order, a confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the Customer by BAROCK. To this end, the Customer formally accepts the use of email for BAROCK's confirmation of the contents of their order. In any event, invoices are issued upon delivery.
In the event of a Pre-order, any amounts paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code. If the minimum target for a Pre-Order campaign is not reached, BAROCK will contact the Customer at the end of the campaign to inform them of its decision to refund or cancel the order. In this case, BAROCK must refund the Customer within fourteen (14) days of the Pre-Order cancellation.
If the Product is in stock, the Order will be shipped no later than 7 days from the day following the day the Customer placed their Order.
In the case of a Pre-Order, the Customer is informed that the delivery time depends on manufacturing lead times and is therefore extended. BAROCK undertakes to keep the Customer informed of the expected shipping date and/or any changes that may occur.
When a discount (of any type) is applied to an Order, it applies uniformly to all Products in the Order. In the event of a total or partial return of the goods, the portion of the price paid by discount voucher will not be refunded to you. The refund will be made at the latest within fourteen (14) days following the cancellation of the Order.
6. DELIVERY
Delivery in mainland France
• FREE STANDARD 3-5 DAY DELIVERY in mainland France for all orders over €50 (for orders under €50, the cost is €8). When confirming your order, you can opt for delivery to your home or office. If you are absent at the time of delivery, a delivery notice will be left in your mailbox with the address of the post office where you can collect your package. You will then have 15 days to collect your package before it is returned to us. You can also opt for delivery to a post office or a collection point near your home or workplace. You can collect your package at your convenience during extended opening hours.
International Delivery Europe
• STANDARD DELIVERY 3-7 DAYS to Austria, Denmark, Finland, Germany, Ireland, Italy, Latvia, Luxembourg, the Netherlands, Portugal, Spain, Sweden, Switzerland, and the United Kingdom. Delivery is charged between €13 and €24 (all taxes included) depending on the package weight and the destination country.
International Delivery Worldwide
• STANDARD DELIVERY 6-10 DAYS to all other countries. Shipping costs between €27 and €55 (all taxes included) depending on the weight of the package and the destination country.
Order Tracking
At each stage of your order, from confirmation to receipt of the package, we will keep you informed by email. Your package tracking number will be sent to you as soon as it is received by the carrier.
Returns & Exchanges
Upon receipt of your order, you have 15 days to return new items in their original packaging. If you wish to return all or part of your order, please first contact customer service. Return shipping costs will be your responsibility.
In order for us to put returned items back on sale, each return is inspected, and we reserve the right to refuse it in the event of non-compliance (e.g., marked leather, scratched sole, etc.). Before returning your order, you must log in to your customer area (YOUR ACCOUNT) and follow the procedure available in the HISTORY AND DETAILS OF YOUR ORDERS / DETAILS AND RETURNS section. If you wish to exchange your order, you must specify this on the return form. In Metropolitan France, when exchanging a pair of shoes, the shipping costs for the new pair(s) of shoes chosen are also free, once only.
In the event of a non-compliant return (e.g., marked leather, scratched sole, etc.), the product will be returned to you, and you will be responsible for the shipping costs.
Refund
Returned packages take between 3 and 7 business days to be delivered to us after deposit. We advise you to keep your tracking number safe. Once your package is received at our warehouse, it will be checked and If it is compliant, a refund will be issued within 14 business days of receipt. The refund will be issued to the original payment method.
In the event of a non-compliant return (e.g., marked leather, scratched sole, etc.), the product will be returned to you, the shipping costs will be your responsibility, and you will not be refunded.
Order Cancellation
When you make a purchase on our Site, your package will be prepared for shipment after a period of time that may vary depending on the time you placed your Order. If you wish to cancel your Order, we invite you, within approximately 1 hour maximum from the payment of your Order, to go to the section MY SPACE / HISTORY AND DETAILS OF MY ORDERS / DETAILS AND RETURNS and leave us a message. If the Order is not already being prepared, we will cancel it and you will then be refunded immediately. However, if your Order is already being prepared or shipped, it will then be delivered to you. However, you can return it to us within fifteen (15) days in order to obtain a refund.
6.1 DELIVERY PLACE
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer's residential address or that of any other natural person of their choice, if this is clearly specified during the Order or Pre-order. Delivery cannot be made to hotels or PO boxes.
When registering the Customer's personal details, the Customer must ensure the accuracy and completeness of the mandatory information they provide. In the event of an error in the recipient's contact details, BAROCK cannot be held responsible for the impossibility of delivering the Product(s).
6.2 DELIVERY TIMES
Delivery times are indicated during the Order. These are indicative delivery times, expressed in business days and corresponding to average processing and delivery times.
The Customer acknowledges that, in the event of a pre-order, the delivery time will be extended. The estimated delivery time is shown on the Product sheet at the time of purchase and in the Order confirmation email. Delivery times depend on the time required and the production volume of all pre-ordered products.
BAROCK cannot be held responsible for the consequences of a delivery delay not caused by it or due to force majeure.
6.3 RECEIPT OF PRODUCTS
Delivery is deemed to have taken place upon delivery of the Products to the Customer by the carrier, as evidenced by the parcel tracking system used by the carrier.
Upon receipt of the Products, the Customer is required to check the condition of the merchandise packaging and report any damage caused to the carrier on the delivery slip, as well as to BAROCK within three (3) days by email to the address barockissima@gmail.com or via the Site's contact form.
The Customer may, upon request, have an invoice sent to the billing address rather than the delivery address.
7. LEGAL GUARANTEE OF CONFORMITY
BAROCK is liable for any lack of conformity existing at the time of delivery of the Product under the conditions of Articles L. 217-4 et seq. of the French Consumer Code.
When acting under the legal guarantee of conformity, the Customer:
• has a period of two (2) years from delivery of the Product to act.
• may choose between repair or replacement of the product, in accordance with Article L. 211-19 of the French Consumer Code. However, BAROCK may not proceed according to the Customer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the product or the extent of the defect. The Customer is then required to proceed, unless impossible, according to the method not chosen by the Customer.
• is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.
This legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
The Customer may decide to implement the warranty against hidden defects in the Product within the meaning of Article 1641 of the Civil Code, which render it unfit for its intended use, or which so diminish this use that the Customer would not have purchased it, or would have paid a lower price for it, had they been aware of them. In this case, the Customer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
The action resulting from latent defects must be brought by the Customer within two (2) years of discovering the defect.
8. RIGHT OF WITHDRAWAL
Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fifteen (15) clear days from the date of delivery of the Order to exercise their right of withdrawal.
This period begins upon receipt of the Products by the Customer.
The Customer must attach to their withdrawal request a copy of the invoice or any other document that identifies the Order in question and its holder.
Only the Customer identified as such to BAROCK may exercise this right, to the exclusion of any other person, including the recipient of the delivery (for example, in the case of a gift).
9. RETURN AND REFUND TERMS
All exchanges or returns must be declared by the Customer to BAROCK via the Website's contact form.
The Products must be returned by the Customer no later than fifteen (15) days following notification of their decision to withdraw.
The Product must be returned by the Customer in its original packaging, or any equivalent packaging, and in perfect condition, allowing for resale (unworn and unwashed), to request an exchange, refund, or credit note without penalty.
If the package is lost or damaged during the return of the Product, the cost of the damage is the responsibility of the Customer. Products not returned within the timeframes and conditions specified above will not be refunded or exchanged by BAROCK.
The return address is:
BAROCK
24, Avenue du Maréchal Foch, Bâtiment n°3
33120 Arcachon
In accordance with Article L. 221-24 of the French Commercial Code, BAROCK undertakes to refund the amounts collected for the Order or Pre-order within fourteen (14) days. This period begins on the earlier of the following two dates: BAROCK's receipt of the returned Products or BAROCK's receipt of proof of shipment of the Products by the Customer.
The refund will be made by crediting the Customer's bank account corresponding to the credit card used to pay for the Order or Pre-order. If the Customer has changed bank account in the meantime, he must remember to give his new bank details to his old bank.
10. APPLICABLE LAW
These general terms and conditions of sale are subject to French law. In the event of a dispute or complaint, the Customer shall first contact BAROCK to seek an amicable solution.
The Customer is informed that any consumer may consult a consumer mediator free of charge to resolve a dispute with a professional amicably. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the execution of a sales or service contract.
The request cannot be accepted by the consumer mediator if:
1° The Customer does not provide proof of having previously attempted to resolve their dispute directly with BAROCK by submitting a written complaint in accordance with the stipulated procedures;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is currently being examined by another mediator or by a court;
4° The consumer submitted their request to the mediator more than one (1) year after submitting their written complaint to BAROCK;
5° The dispute does not fall within the scope of the mediator's Jurisdiction.
The consumer will be informed by the mediator, within three weeks of receiving their file, of the rejection of their mediation request.
In the absence of recourse to mediation, the courts within the jurisdiction of the company's registered office will have jurisdiction.
11. DATA PROTECTION AND FREEDOM
In order to provide the services offered on the Site, BAROCK may process your personal data, including data collected when you registered on the Site or placed your Order.
Customer information and data are strictly necessary for the management of Orders, the execution and monitoring of commercial relationships, as well as for internal statistical purposes. This data may be transmitted to the companies involved in these relationships (such as those responsible for the execution of services and Orders) for their management, execution, processing, and payment. This data is also retained for the purposes of security, identification, improvement, and personalization of services.
The Customer has the right to access, rectify, and object to their personal data at any time, under the conditions provided for by the law of January 6, 1978. To do so, simply send an email to barockissima@gmail.com and the necessary steps will be taken immediately.
The Customer may receive offers from BAROCK for products or services similar to those already ordered, or newsletters. You may object to this at any time, free of charge, in the future, according to the terms and conditions specified in each submission.
For more information, please consult our Legal Notices.