Sales Conditions

This website is operated by AMEL BATITA. On this site, the terms "we," "our," and "us" refer to AMEL BATITA. AMEL BATITA offers this website, including all information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated herein.

 

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale and Use"), including the terms, conditions, and additional policies referenced herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

 

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered there. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

 

All new features and tools that will be added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of the website or access to it after the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.

 

Article 1 - Terms of use of our online store

 

By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.

 

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

 

You must not transmit worms, viruses, or any other destructive code.

 

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

 

Article 2 - General conditions

 

We reserve the right to deny access to the services to anyone at any time for any reason.

 

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.

 

The titles used in this agreement are included for your convenience and shall not limit or affect these Conditions.

 

Article 3 - Registrations and orders

 

Orders are only placed on the site and require the creation of an account on the site. The Client receives a confirmation email upon registration on the site and for each order placed. Any order validated by the Client constitutes a sales contract and unconditional acceptance of all the General Terms and Conditions of Sale and Use. The Client therefore agrees to read the General Terms and Conditions of Sale in effect before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment of their order. The confirmation of the order implies acceptance of the GTC and forms the contract.

 

When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The customer is required to always update their personal information. In case of an error in the wording of the recipient's contact details, AMEL BATITA cannot be held responsible for the inability to deliver products.

 

At the time of placing an order, the customer must select the chosen products, add them to their cart by indicating the selected products and the desired quantities. The customer has the option to check the details of their order and its total price, and to return to previous pages to possibly correct the contents of their cart before validating it.

 

Any modification of the order by the customer after confirmation of their order is subject to the Operator's agreement. The information provided by the Customer when placing the order (including name and delivery address) is binding. Thus, the Operator's liability cannot be sought in any way in the event that an error during the order placement prevents or delays delivery.

 

The contractual information related to the order (including the order number) will be confirmed by email in a timely manner and no later than at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice will be provided to the customer upon their order. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

 

Any email that will be sent to the Customer in connection with an order will be sent to the email address that the Customer uses to identify themselves in their customer area. You therefore agree to provide up-to-date, complete, and accurate order and account information for all orders placed in our store. You commit to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

 

The Operator reserves the right not to validate the Customer's order for any legitimate reason, particularly in the event that the Customer does not comply with the General Terms and Conditions in effect at the time of their order, one of the Customer's previous orders is subject to an ongoing dispute, the Customer has not responded to a request for confirmation of their order that the Operator has sent them, the Operator archives sales contracts for Products in accordance with applicable legislation.

 

We therefore reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased by person, by household, or by order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify an order or if we cancel it, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may seem to come from merchants, resellers, or distributors.

 

In order to allow for easier and faster registration or login to the Site, the Customer has the option to automatically pre-fill the registration form.

 

By registering on the Site, the Customer declares and guarantees to the Operator that they are of legal age and have the legal capacity to contract or are a minor provided that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is an order authorized on behalf of third parties unless validly authorized to represent them (for example, a legal entity).

 

The Operator may delete the Customer's Account at any time, for any reason, at its sole discretion, without notice.

 

Article 4 - Products and availability

 

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stock. These indications are updated automatically in real time. However, an error in the update, regardless of its origin, does not engage the responsibility of the Operator. We have done our best to display the colors and images of our products that appear in our store as clearly as possible. We cannot guarantee that the color display by your computer screen will be accurate.

 

The Operator takes great care in the presentation and description of its Products to best satisfy the Customer's information needs. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

 

The Operator does not guarantee the accuracy or security of the information transmitted or obtained through the Site.

 

It is possible that the Customer receives, following an Order, an item previously returned by another person. It is specified that the Operator only accepts the return of intact and unworn Products, these two conditions being checked before restocking the returned Products.

 

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stock.

 

If despite the Operator's best efforts, a Product turns out to be unavailable after the Client's order, the Operator will inform the Client by email, as soon as possible, and the Client will have the choice between the delivery of a Product of equivalent quality and price to that originally ordered, or the refund of the price of the ordered Product. It is agreed that apart from the refund of the price of the unavailable Product, if this option is requested by the Client, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to them.

 

In any case, in the event of non-compliance of the delivered product with its description on the Site, the Client may either exercise their right of withdrawal or implement the Operator's compliance guarantee, which will proceed, if applicable, either to the exchange or to the refund of the price (in whole or in part) that may have been charged.

 

Article 5 - Prices and payment terms

 

The prices of our products may be changed without notice.

 

We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time.

 

We will not be liable to you or any other third party for any price changes, suspension, or interruption of the Service.

 

The Client expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires payment of a price in exchange for the provision of the ordered Product.

 

In any case, the Operator reserves the right to verify the validity of the payment before shipping the order, by all necessary means.

 

The Operator uses online payment solutions via Credit Card & Paypal.

 

Orders can be paid using the following payment method:

 

- Payment by credit card

 

Payment is made via Stripe. The Client's order is recorded and validated upon acceptance of payment by the bank. The data recorded by Stripe constitutes proof of financial transactions.

 

The Client's account will be debited the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

 

The inability to debit the amounts due will result in the immediate nullity of the sale.

 

The credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Client is entitled, or if the entered data is incorrect.

 

- Payment by electronic wallet PayPal

 

Alternatively, the Client already has an account on the electronic wallet used by the Operator and the Client can use this account and pay for their order securely without providing their banking details.

If applicable, the order validated by the Client will only be considered effective when the secure banking payment center has approved the transaction.

 

Alternatively, the Client can use PayPal Express Checkout at checkout and is not required to have a PayPal account to make their purchase. In this case, the Client will need to enter their banking details to make the payment.

 

As part of the control procedures, the Operator may need to request from the Client all necessary documents to finalize their order. These documents will not be used for any purpose other than this.

 

The price of the Products in effect at the time of the order is indicated in euros excluding taxes (HT) as the Operator is not subject to VAT, excluding shipping and transport costs. In the event of a promotion, the Operator commits to applying the promotional price to any order placed during the period of the advertisement made for the promotion.

 

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The proposed prices include any discounts and rebates that the Operator may grant. Customs clearance, payment of duties, or any other types of various taxes are the responsibility of the Client. 

 

If shipping or transport fees apply, they will be added to the price of the Products and indicated separately before the Client validates the order. The total amount due from the Client and its details are indicated on the order confirmation page.

 

Article 6 - Delivery

 

Delivery refers to the transfer to the Client of physical possession or control of the Product.

 

Shipping costs are those specified at the time of finalizing the order and are accepted by validating the order. 

 

The Operator commits, in accordance with the delivery deadline indicated on the Site for each of the Products, to ship the Products within a maximum period of one week.

 

Delivery times are announced in business days on the Site at the time of ordering. These times include the preparation and shipping of the order as well as the time expected by the carrier.

 

The Operator commits to shipping the Products in accordance with the deadlines announced on each Product sheet and at the cart level, provided that the payment for the order has not been previously declined.

 

However, if one or more Products could not be delivered within the initially announced timeframe, the Operator will send an email informing the Customer of the new delivery date. In any case, the indicated deadlines are for informational purposes and correspond to average processing and delivery times. Thus, the Operator cannot be held responsible for the consequences of a delay in delivery that is not their fault.

 

If the delivery time is abnormally long, the Customer can contact the Operator at the email contact@amelbatita.com, an investigation will then be opened with the delivery service to locate the Customer's package. No refund or return of products can be made before the investigation is closed.

 

The Products will be delivered to the address provided by the Customer when placing the order. It is therefore the Customer's responsibility to ensure that this address contains no errors. The Operator cannot be held responsible if the address provided by the Customer is incorrect, thus preventing or delaying delivery. The Customer must ensure that they have provided accurate and complete information regarding the delivery address, including the street number, building number, stairwell, access codes, intercom names and/or numbers, etc. In case of inaccurate or incomplete information, the second shipment will be at the Customer's expense.

 

Upon delivery, you may be asked to sign a receipt. No delivery will be made to a P.O. Box. Upon receipt, it is the Customer's responsibility to check that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate it on the delivery slip. No claims regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.

 

Article 7 - Right of withdrawal, refund, and return

 

In accordance with Article L.221-20 of the Consumer Code, the Customer has a period of fourteen (14) days from the receipt of the Order to exercise their right of withdrawal with the Operator. Beyond this fourteen (14) day period, the sale is final and definitive.

 

The exercise of the right of withdrawal must be done by sending an email to the address contact@pamelbatita.com

 

The Product must be returned in its original packaging, in its original condition, unused, unwashed. The customer must include a copy of the invoice or any other item that allows identifying the order in question. After a first exchange or refund, it is no longer possible to obtain a refund for your order.

 

The return of the Products is the responsibility of the Customer and is done at their own risk.

 

Any reservation regarding the condition of the products (e.g., damaged or opened package) must be reported immediately upon receipt of the order.

 

Discounted products can be refunded.

 

The refund will be made upon receipt of the package, after examination of the Products. The Operator reserves the right to refuse a refund upon receipt of the package if it finds that the Product is not in its original condition, has been washed, or worn. In summary, the Operator will not proceed with the refund of the affected Products if the Customer does not comply with these conditions, particularly the return or exchange conditions.

 

Article 8 – Customer Service

 

The Customer can contact the Operator by email at the address contact@amelbatita.com by providing their name, phone number, the subject of their request, and the order number concerned.

 

Article 9 - Prohibited Uses

 

In addition to the prohibitions stated in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to commit illegal acts or participate in them; (c) to violate any regional order or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that compromises the functionality or operation of the Service or any other associated, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, domain spoof, extort information, crawl, scrape, or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

 

Article 10 - Exclusion of warranties and limitation of liability

 

The Operator implements all measures necessary to ensure the Client is provided, under optimal conditions, with quality product(s). However, it cannot in any case be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Operator's liability were to be engaged, it could in no case accept to compensate the Client for indirect damages or for which the existence and/or amount would not be established by evidence.

 

We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.

 

We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.

 

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

 

You expressly agree that your use of the Service, or your inability to use it, is at your own risk.

 

The Operator, its suppliers, service providers, and licensors cannot in any case be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tortious (even in the case of negligence), strict liability, or otherwise, resulting from your use of any service or product from this Service, or regarding any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they may occur.

 

In the event of a force majeure occurrence preventing the execution of these General Terms and Conditions of Sale, the Operator shall inform the Client within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of transport or supply means for any reason, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failures, telecommunications blockages, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the concerned transaction may be terminated at the request of the Operator or the Client without compensation on either side. The Client's failure to pay cannot be justified by a case of force majeure.

 

The Client is fully aware of the provisions of this article, particularly the guarantees and limitations of liability mentioned above, essential conditions without which the Operator would never have contracted.

 

 

In the event that a provision of these General Terms and Conditions of Sale and Use is deemed illegal, null, or unenforceable, this provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be considered as dissociated from these General Terms and Conditions of Sale and Use, and this dissociation shall not affect the validity and enforceability of all other remaining provisions.

 

Article 11 - Intellectual and Industrial Property

 

The Operator is the sole owner of all elements present on the Site, including but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site, and all other elements of intellectual property and other data or information (hereinafter, the "Elements") that are protected by French and international laws and regulations relating in particular to intellectual property.

 

Consequently, none of the Site Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written permission of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

 

The Operator reserves the right to take any legal action against individuals who do not comply with the prohibitions contained in this article.

 

Article 12 - Personal Data

 

Providing personal information collected in the context of distance selling is mandatory, as this information is necessary for processing and delivering orders as well as for issuing invoices. Failure to provide this information will result in automatic rejection of the order. In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, this information is strictly confidential, and the Operator commits to maintaining total confidentiality of the transmitted information and not to disclose it.

 

Article 13 - Entire Agreement

 

Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.

 

These General Terms and Conditions of Sale and Use or any other policy or operating rule that we publish on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and replace all communications, proposals, and all agreements, past and present, oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).

 

Any ambiguity regarding the interpretation of these General Terms and Conditions of Sale and Use should not be interpreted against the drafting party.

 

Article 14 - Applicable Law

 

These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed and interpreted in accordance with the applicable French laws. The language of this contract is French. Therefore, in the event of a dispute, French courts will have exclusive jurisdiction.

 

Article 15 - Contact Information

 

Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at contact@amelbatita.com