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Conditions of Use Conditions of Use

These Terms & Conditions of sale apply to all orders placed through the internet site www.bas-loveme.com set up by:

The company mod'm
Private limited company
With capital of 100,000 €
Having its registered office at:
4 Faubourg de Saverne
67000 STRASBOURG
France
Registered with Register of Companies (RCS) at Strasbourg
Registration number 443 241 674
Siret number: 443 241 674 00011
APE code : 514 C
Intracommunity VAT number : FR 49 443 241 674
E-mail : [email protected]
Fax : 00 33 (0)3 88 22 64 86

is the operator of this site. All orders placed for a product featuring in the on-line shop of the web site www.bas-loveme.com assumes prior acceptance of these Terms & Conditions of sale. Consequently, customers acknowledge being fully informed of the fact that their agreement with the contents of these Terms & Conditions of sale does not require a handwritten signature of this document, in as much as the customer wishes to place an order on-line for products presented in the web site shop. The customer may save or print these Terms & Conditions of sale, it being specified that saving or printing this document is solely their responsibility. Prior to placing an order, the customer declares that the purchase of these products is not connected with their professional business activity, the purchase being exclusively for their personal use. As a customer, the customer therefore has specific rights, which would be called into question in the event that the products or services purchased from the web site were actually in connection with professional business activities. The on-line shop set up by the company www.bas-loveme.com as part of the web site states the following information :

  1. Legal notice enabling precise identification of the company mod'm operating the site www.bas-loveme.com
  2. presentation of the essential characteristics of the goods offered
  3. indication of the price for the goods in Euros as well as, if necessary, delivery costs
  4. indication of methods of payment, delivery or execution
  5. the existence of the right of withdrawal
  6. the period of validity of the offer or price
  7. All this information is presented in the French / English language. The customer confirms having the full legal capacity enabling him to be committed under these Terms & Conditions of sale.

Article 1 : Entirety
These Terms & Conditions of sale express all the obligations of the parties concerned. In this sense, the customer is said to accept all the provisions of these Terms & Conditions of sale without reservation. No general or specific condition given in documents sent or remitted by the customer may be added to these Terms & Conditions of sale, since these documents would be incompatible with these Terms & Conditions of sale.

Article 2 : Purpose
The purpose of the Terms & Conditions of sale is to define the rights and obligations of the parties as part of on-line sale of goods offered by the company mod'm on the web site www.bas-loveme.com.
An order implies compliance with the Terms & Conditions of sale. Mod'm reserves the right to change or modify the Terms & Conditions of sale at any time. In the event of modification, the Terms & Conditions of sale applied to each order will be those in force on the day of the order.

Article 3 : Contractual documents
This contract is created by the following contractual documents, presented in descending order of importance: these Terms & Conditions of sale; the order form. In the event of inconsistencies between the provisions contained in documents of different ranking, the provisions of the higher ranking document will be valid.

Article 4 : Date and duration of validity
These Terms & Conditions of sale come into force on the date the order form is signed. These Terms & Conditions of sale are valid for the duration required to supply the goods and services purchased, until the expiry of guarantees falling on the company mod'm.

Article 5 : Electronic signature
"Double-clicking" by the customer on the order form constitutes an electronic signature that has the same validity between the parties as a handwritten signature.

Article 6 : Order confirmation
The contractual information will be subject to confirmation sent by e-mail no later than the moment of delivery or, failing that, to the address given by the customer on the order form.

Article 7 : Proof of the transaction
Computerised records, maintained in the data processing systems of company mod'm under reasonable security conditions, will be considered as proofs of communication, orders and payments taking place between the parties. The archiving of order forms and invoices is carried out on a reliable and long lasting medium that can be produced as proof.

Article 8 : Information about products
8-a :The company mod'm presents products for sale on its web site with the necessary information to comply with Article L 111-1 of the Customer Code, which requires potential customers to be able to understand the essential characteristics of the products they want to buy before finally placing a confirmed order. 8-b : The offers presented by the company mod'm are only valid while stocks are available.

Article 9 : Price
Prices are shown in euros and are only valid on the date the order form is sent by the customer. They do not include delivery costs, invoiced in addition and indicated before confirming the order. Prices include VAT applicable on the day of the order and any change in the applicable rate of VAT will be added automatically to the prices of products in the on-line shop. The entire price must be paid when the order is placed. At no time may sums paid be considered as deposits or payments on account.

In the event of an order from a country outside mainland France, you are considered legally to be an importer of the product or products concerned. For all items shipped outside the European Union, French overseas Departments and French Overseas Territories, the price will automatically be calculated on the invoice to exclude value added tax. Customs duties or other local taxes or import duties or State taxes may have to be paid. These duties and sums are not the responsibility of the site "www.bas-loveme.com". It is the responsibility of customers to make potential declarations and payments to the competent authorities and/or bodies in their countries.

Article 10 : Method of payment
To pay for their orders, customers have the choice of all the payment methods indicated on the order form. Customers guarantee company mod'm that they have the authorisations that made be required to use their chosen method of payment, at the time of confirming the order form. Company mod'm reserves the right to suspend any processing of an order and any delivery in the event that authorisation for payment by bank card is refused by the official accredited bodies or in the event of non-payment. In particular the company mod'm reserves the right to refuse to make a delivery or to honour an order coming from a customer that has not paid in whole or in part for a previous order or with whom a payment dispute is currently in progress.

Article 11 : Product availability
In the event that a product ordered is not available, resulting in particular from action by our suppliers, customers will be notified as soon as possible and will have the option to cancel their orders. Customers will then have the choice to request either a refund of the sums paid no later than 30 days following their payment, or to change the product.

p>Article 12 : Methods for delivery
Orders are usually processed and shipped the day after their receipt and their confirmation by payment, and therefore verification by us, and within no more than 3 working days counting from the day following confirmation of the order, subject to product availability.

In the event of payment by cheque, an order will be shipped no later than 3 working days after the payment has been cleared.

(No delivery may be made during annual closures of the company mod'm, which will be shown on the internet site at the appropriate times.)

No shipments are made on Saturdays and Sundays.

Products are delivered only to the regions shown below, to the address given by the customer on the order form:

  1. Mainland France - Corsica - Monaco
  2. French Overseas Departments/Territories (on arrival of the parcel, purchasers are required to clear their goods through customs by paying the duties and taxes at the point of entry into the department or territory.)
  3. in ZONE 1: Germany, Belgium, Luxembourg, Holland, Great Britain, Italy, Spain, Austria, Denmark, Ireland, Portugal, Monaco
  4. in ZONE 2: Finland, Norway, Sweden, Switzerland, the Azores, Madeira, the Canary Islands, Greece, Hungary, Iceland, Poland, Czech Republic, Slovakia, Sloveni
  5. in ZONE 3: Canada

using the EXPERT service from the French Post Office (La Poste - formerly called the "tracked COLISSIMO" service), delivery requiring the signature of the recipient.

The French Post Office (LA POSTE)
To reduce transport costs as much as possible, all small or medium sized products are shipped using the Colissimo Expert service from La Poste. Besides being economical, this service delivers in 48 hours throughout France and offers the option to collect ordered products from the post office closest to the delivery address in the event the recipient is not at home at the time of the initial delivery by the postman. In practical terms, if you are not there on the day of delivery, your postman will leave a card in your letter box, enabling you to collect your parcel from your post office during opening hours, up to a time limit of 15 days. Colissimo Expert is a very reliable service. However, it may be, as with all shipments, that there can be a delay in delivery or the product may be mislaid. In the event of delayed delivery compared to the date we gave you in the shipping e-mail, we ask you to notify us of this delay by sending us an e-mail. We will then contact La Poste to start an investigation. A La Poste investigation can take up to 21 days from the day the investigation starts. If during this time the product is found, it will be immediately re-routed to your home (as happens in most cases). On the other hand if the product is not found after the period of 21 days for the investigation, La Poste considers the parcel to be lost. Only then can we send you a replacement product, at our cost. If the product(s) ordered are no longer available at this moment, we will refund the value of the products affected by the loss by the transporter. If the product(s) are still available, but the selling price on the site has changed, we will apply the new sale price, either refunding the difference to you by cheque or requesting an additional cheque for this price difference. We decline any responsibility for the extension of delivery times due to actions by the transporter, in particular in the event of loss of the products or of strikes.

Mod'm does not deliver for collection at post offices (poste restante), to hotels, camp sites, military bases or post office boxes.

The customer is responsible for checking the condition of packaging for the goods at delivery and to notify damage to the transporter on the delivery note and to mod'm, within one week. The customer may, on request, have an invoice sent to the invoicing address and not to the delivery address by selecting the option provided for this purpose on the order form. As soon as we made a shipment, you immediately receive an e-mail to tell you.

Furthermore, the company mod'm reserves the option to suspend any delivery during certain annual closure periods that will be indicated at the appropriate time on the web site www.bas-loveme.com.

COSTS AND DELIVERY TIMES

Delivery times are calculated in working days. The delivery times shown are the average times given for information only and corresponding to the usual times for processing, preparation and shipping of your order after confirmation of payment. These delivery times may vary.

Delivery zone Delivery method Typical delivery times Costs Offer
Mainland France
(including Corsica and Monaco)
Collissimo expert 2 to 5 days 6,65 €  
French Overseas Departments Collissimo expert (Overseas) 5 to 8 days 14 €  
French Overseas Territories Collissimo expert (Overseas) 5 to 8 days 20 €  
ZONE 1 :
Germany,
Belgium,
Luxembourg,
Holland, Great
Britain, Italy,
Spain, Austria,
Denmark,
Ireland, Portugal
Collissimo expert International 4 to 8 days 12 €  
ZONE 2 :
Finland,
Norway, Sweden,
Switzerland, the Azores,
Madeira,
The Canary Islands,
Greece, Hungary,
Iceland,
Poland,
Czech Republic,
Slovakia,
Slovenia
Collissimo expert International 4 to 8 days 15 €  
ZONE 3 :
Canada
Collissimo expert International 8 days 22 €  

Article 13 : Delivery problems due to the transporter
Any problem concerning delivery (damage, product missing compared to delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves" and signed by the customer. In parallel the customer must confirm this problem by sending a recorded-delivery letter to the transporter within two (2) working days following the delivery date, describing the said complaints. The customer must send a copy of this letter by fax or post to:

mod'm
LOVE ME on-line Shop Customer Service department
4 Faubourg de Saverne
67000 STRASBOURG FRANCE

Article 14 : Delivery errors
14-a : The customer must send any complaint to the company mod'm regarding a delivery error and/or inaccuracy regarding the type or quality of the product compared to the information given on the order form, by e-mail on the date of delivery or no later than the first working day following delivery, Any complaint made beyond this time limit will be refused.
14-b : This complaint must be sent to the company mod'm by connecting to the web site www.bas-loveme.com and clicking on the link [email protected] after entering your customer number and specifying clearly the exact order reference.
14-c : Any complaint not made under the rules defined above and in the specified time limits cannot be considered and exempts the company mod'm from any responsibility towards the customer.
14-d : On receipt of the complaint, the company mod'm will assign an exchange number for the product(s) concerned and will contact the customer by e-mail, fax or telephone. The exchange of a product may only take place after the customer has been assigned an exchange number in accordance with the procedure described above.
14-e : In the event of delivery error or exchange, any product to be exchanged or refunded must be returned in its entirety to the company mod'm within 10 days and in its original packaging, by Recorded Colissimo service, to the following address:

mod'm
LOVE ME on-line Shop Customer Service department
4 Faubourg de Saverne
67000 STRASBOURG FRANCE

Costs of carriage are to be paid by the customer (unless the return is due to an error by us). The original delivery costs are not refundable.

On receipt of the return, we will refund the amount of the item(s) returned or will make an exchange, depending on availability, within 20 days.
The item(s) must be intact and new in their original packaging and accompanied, if appropriate, by all their accessories.

Article 15 : Product guarantees
In compliance with Article 4 of decree no. 78-464 dated 24 March 1978, the provisions of these Terms & Conditions of sale may not deprive customers of the legal guarantee that obliges a professional seller to indemnify them against all the consequences of hidden defects (vices cachés) in the item sold. The customer is explicitly informed that the company mod'm is not the manufacturer of products offered on the web site, in the sense of law no. 98-389 dated 19 May 1998 and relating to responsibility arising from defective products. Consequently, in the event of harm caused to a person or property through a fault in the product, the customer may only invoke the liability of the manufacturer, base don information featured on the packaging of the said product.

Article 16 : Right of withdrawal
Customers have a period of 7 working days to return products that do not suit them, at their own expense. This period starts on the day he order is delivered to the customer. If the period expires on a Saturday, Sunday or national or public holiday, it is extended to the next working day. Any return must be notified in advance to the Customer Service department of the company mod'm by connecting to the web site www.bas-loveme.com and clicking on the link [email protected] The product must be returned by Recorded Colissimo service to:

mod'm
LOVE ME on-line Shop Customer Service department
4 Faubourg de Saverne
67000 STRASBOURG FRANCE

Products such as stockings, tights, knee-highs, leggings, legwarmers, socks, ankle socks and other products sold on the web site www.bas-loveme.com must not have been opened and removed from their packaging if the customer is to be able to benefit from the right of withdrawal.
Only will products sent back in their entirety, complete and intact in their original packaging and in perfect condition will be accepted. Any product that has been damaged or where the original packaging has been damaged, will be neither refunded nor exchanged.
This right of withdrawal is exercised without penalty, except for the return costs. In the event that the right of withdrawal is exercised, customers have the choice to request either a refund of the sums paid or to change the product. In the event of an exchange, re-shipment will be at the customer's expense.
In the event that the right of withdrawal is exercised, the company mod'm will do all it can to refund the customer within 20 days. Customers will then be refunded by a credit to their bank accounts (secure transaction) for payment by bank card, or by cheque in other cases.

Article 17 : Force majeure
Neither party will have failed in its contractual obligations, in so far as their execution was delayed, hampered or prevented by an act of God or a force majeure. An act of God or a force majeure will be considered as any unstoppable, unforeseen or unavoidable actions or circumstances, not due to the parties, out of the control of the parties and that could not be prevented by the parties, despite all possible reasonable efforts. The party affected by such circumstances will notify the other within ten working days following the date on which they became aware of it. The two parties will then contact each other within one month, unless this is not possible due to a force majeure, to consider the event and to agree conditions under which execution of the contract may be continued. In the event of a force majeure lasting more than three months, these Terms & Conditions of sale may be cancelled by the injured party. Besides those events usually cited in case law in the French courts, the following are expressly considered as force majeure or an act of God: blockades of means of transport of supplies, earthquakes, fires, storms, floods, lightning, failure of telecommunication networks or problems with telecommunications networks outside the control of customers.

Article 18 : Photographs and descriptions
The photographs and descriptions reproduced on the web site www.bas-loveme.fr/com and illustrating the items do not enter the contractual scope. The company mod'm may not therefore be held liable in the event of an error in one of these photographs or one of these descriptions.

Article 19 : Partial non-confirmation
If one or several of the stipulations in these Terms & Conditions of sale are considered invalid or so declared by applying a law or a regulation or following a final decision of the competent courts of jurisdiction, the other stipulation will retain their validity and significance.

Article 20 : Non-waiver
The fact of one of the parties not taking advantage of a failure by the other party in any of its obligations whatever, as described by these Terms & Conditions of sale, may not be interpreted in the future as a waiver of the obligation in question.

Article 21 : Title
In the event of difficulty in interpretation between any one of the titles given above clauses and any one of the clauses, the titles are declared to be non-existent.

Article 22 : Applicable law
These Terms & Conditions of sale are subject to French law. This applies to both funds rules and formal rules. In the event of a dispute or complaint, customers will first contact the company mod'm to seek an amicable solution. Disputes will fall under the jurisdiction of the courts of Strasbourg.

Article 23 : Data Processing and Freedoms
The information requested from customers is required to process their orders and may be communicated to contractual partners of the company mod'm that are involved as part of executing these orders. Customers can write to the company mod'm, at the address given in the confidentiality charter available from the web site, to object to any such communication, or to exercise their rights to access and correct information about them and stored in files of the company mod'm, under the conditions provided by the law dated 6 January 1978.

Article 24 : Conditions of the sponsorship offer
This operation is reserved for all customers of the web site www.bas-loveme.com, wishing to benefit from discount vouchers in the on-line shop, with the exception of partners and subsidiaries of the company. By customer we mean any individual adult person who has an account on the site.

You can collect discount vouchers with as many sponsorees as you wish. The offer does not require a minimum purchase and excludes carriage costs for the first purchase by each of your sponsorees. The discount voucher is valid for up to one year from the payment date of your sponsoree.

Customers can only become a "sponsor" when their first order has been shipped; they will be credited with the discount voucher when their "sponsoree's" order has been shipped in its turn. To take part, the account holder must send their friend(s) an invitation to open an account on the bas-loveme.com site, using the form on the sponsorship page.

When one of your sponsorees opens an account and makes their first purchase, the sponsor is credited with a discount voucher for 5 € to be used in the shop on the site. To take advantage of it, however, you have to wait for a period of 15 days from the date of the first order placed by each sponsoree. Payment for the order from the sponsoree must have been confirmed.

Sponsor will be assigned identification codes enabling them to obtain discount vouchers (only orders bearing this code will be considered). This code is strictly personal and confidential. It is prohibited to publish your identification code on the internet, whether in forums, newsgroups or other internet sites. www.bas-loveme.com reserves the right to decide whether or not to accept a sponsor.

The operation applies to one person per household (same name, same address). Sponsorees must have different invoicing and delivery addresses to those of their sponsors and other sponsorees. One single order per sponsoree will be taken into consideration for the allocating vouchers to the sponsor. Sponsorees must use their own methods of payment (different bank card to their sponsor). It is also prohibited for sponsors to sponsor themselves by creating two separate customer accounts.

With each first order placed by a new sponsoree, the sponsor will receive an automatic notification e-mail from www.bas-loveme.com.
www.bas-loveme.com reserves the right to check the accuracy of information supplied by participants. Participants (sponsors and sponsorees) must record the checks concerning the validity of information. Any false declaration will automatically render the offer null and void. Vouchers previously obtained may be retained.
In compliance with the Data Processing and Freedoms law dated 06/01/78, participants have a right to access and correct their personal information.
The electronic addresses provided when sending your sponsorship message will be neither stored nor sent to third parties. Your sponsorees will receive no unsolicited electronic messages from us.

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