- We ship to: The European Union, Switzerland, Norway, Japan, Thailand, Singapore, the United States of America, Canada, Australia, United Arab Emirates, Qatar, Saudi Arabia, Israel, Bahrain and New Zealand.
BEY INTERNATIONAL SA
GENERAL TERMS AND CONDITIONS OF SALE AND USE
Version of 28 June 2023
- Application of the General Terms and Conditions of Sale and Use
- Bey International SA is a limited company, with its registered office located at Boulevard Georges-Favon 43, 1204 Geneva, Switzerland. Through its website Anna Bey Shop annabeyshop.com (“Website”), Bey International SA (“us” or “we”) sells ready-to-wear clothing, designed and created with our commercial partners (“Products”). These General Terms and Conditions of Sale and Use (“GTC”) apply to and govern all orders placed via the Website. Any order on the Website implies consultation and prior acceptance of these GTC. In order to place an order on the Website, you will be asked to agree to the present GTC.
- Bey International SA reserves the right to modify these GTC at any time. Any new version of the GTC shall take effect immediately upon the date of posting of the new version on the Website and shall govern the use of the Website and any orders of Products made as from that date.
- Restrictions of Use of the Website
You are required to use the Website in good faith. As such, the use of the Website is particularly restricted as follows:
- You shall not modify or alter the Website, its contents and/or its features in any way whatsoever;
- You shall not contribute to or encourage anyone to modify or alter the Website, its contents and/or its features in any way whatsoever;
- You shall not (i) permit direct or indirect access to or use of the Website in a way that circumvents a contractual usage limit, (ii) attempt to gain unauthorized access to the Website or its related systems or networks, (iii) access the Website in order to build a competitive product or Website, (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Website, or (v) decompile, reverse engineer or disassemble the Website or portion thereof;
- You shall not use the Website in any way which threatens the security, integrity or availability of the Website; you shall in particular not use the Website to (i) store or transmit infringing, libelous or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party privacy rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the Website or third-party data contained therein;
- You shall not load or impede the network traffic and/or data transit from, on and/or to the Website in a manner that is inadequate or greater than that required for ordinary, personal and non-commercial use of the Website, particularly beyond what is required for the display of the content and/or execution of the functionalities of the Website;
- You shall not send or cause to be sent, spam or unsolicited letters and/or emails to any other Website user, nor to us, including our agents, governing bodies and employees;
- You shall use the Website strictly in accordance with the intellectual property regime applicable to the content of the Website and will not contribute to or encourage anyone to use the Website in a manner contrary to fair competition and intellectual property principles;
- You shall ensure the technical and legal compatibility, including updates of software and devices that are used, directly or indirectly, in connection with or in operation of the Website, particularly to display the content and/or execute the functionalities of the Website.
- If necessary, we reserve the right to prohibit access to or use of all or part of our Website by any person, without indication of just cause.
- Product Descriptions
- Product information is based on information provided by our partners and our knowledge of the Product(s). Every effort has been made to ensure the accuracy of Product information. However, this information does not constitute a guarantee of the characteristics of the Products. Any errors or omissions are purely coincidental.
- Photographs and image descriptions are presented for information purposes only and cannot guarantee perfect similarity with the Products sold, particularly with respect to size, materials and colors. Bey International SA cannot be held responsible for differences in color and finish. Color differences may be due to the type of screen and its settings. If you have any questions, please contact Bey International SA.
- Product Availability
- Bey International SA reserves the right to modify the range of Products offered. Some offers may have a limited period of validity, which will be indicated for each Product or Product range. Bey International SA undertakes to honor orders received on the Website within the limits of available stocks. Exceptionally, a Product announced available on the Website could become unavailable after final registration of the order. If, despite Bey International SA’s vigilance, certain Products are no longer available, the customer will be notified by email as soon as possible. The order will be automatically canceled and refunded no later than fifteen (15) days after payment, unless the customer expressly wishes to postpone the order, or chooses a substitute Product recommended by Bey International SA.
- No penalties will be applied for such cancellation of an order and Bey International SA is not liable for an out-of-stock order. Apart from the full refund of the order, no compensation for cancellation may be requested by the customer.
- Pricing Policy and Sales
- All prices are quoted in Swiss francs, and shipped including EU VAT. The applicable prices are those quoted on the date of final validation by the customer.
- The prices indicated on the Website do not take into account the delivery costs, which will be notified and added when your basket has been validated. Special offers, sales or discounts are only valid until the date indicated or until stocks last. Products on sale cannot be returned.
- Bey International SA reserves the right to modify its prices at any time, it being understood however, that the price shown on the Website on the day that the order is placed will be the only price applicable to the customer.
- Placement of an Order
- Only individuals who (i) have reached the age of legal majority required to enter into contracts (the age of eighteen (18) in most countries), (ii) have the legal capacity to enter into contracts and (iii) use a shipping address in the countries to which we ship, may order Products from our Website.
- If you are under the age of legal majority, or otherwise cannot lawfully enter into a contract, a parent or a guardian must place an order on your behalf and will be asked to agree to the present GTC.
- When a customer places an order directly on the Website, a customer account will automatically be created, or a returning customer can use a pre-existing account.
- Order placement steps
- Choose products and add them to your shopping cart
At this stage, the customer can see the details of the order and the prices. The customer may correct any errors before confirming their order. The order is confirmed by clicking on the “Place Order” button. The customer can obtain a summary of their selected products by clicking on the “View Cart” link. They can then either continue shopping or complete the order.
- Validate the contents of your shopping cart
- Customer information and delivery address
The order can only be validated if the customer has provided the following information in the fields provided for such purpose: first name and last name, billing address, delivery address, e-mail address and telephone number. The customer shall specify their chosen delivery method.
All the information provided by the customer is of their sole responsibility and Bey International SA cannot be held liable for any error or lack of information resulting from the customer’s action or inaction, even if such errors or lack of information result in delays in delivery of the Products by Bey International SA. Where appropriate, the costs incurred for the return and reshipment of the Products will be borne by the customer.
- Order confirmation
An order form will be displayed summarizing: (i) the description, quantity and prices of the Products selected by the customer; (ii) the delivery charges, (iii) the delivery method; (iv) the type of payment chosen and (v) the customer’s contact details and delivery address.
- Acceptance of the GTC
The customer acknowledges having read and accepted the GTC. The customer also acknowledges having read and confirmed all the information provided in the previous fields and summarized in the order confirmation.
- Payment validation
The order is final and irrevocable when the customer validates the payment of the order. No modification of the order can be taken into account by Bey International SA.
The conclusion of the agreement is effective only after confirmation of the order by Bey International SA. The latter will confirm the order and its payment by sending a confirmation email to the address specified by the customer.
Bey International SA reserves the right to cancel or refuse any order which it considers would present any form of risk.
- Payment method
- Payments on the Website may only be made by credit card (MasterCard, Visa, American Express, UnionPay and Diners/Discover).
- The Products remain the property of Bey International SA until the full payment has been received.
- Payment by credit card
- The customer accepts that their account will be debited for the total amount due at the time of the order.
- To proceed with the payment, the customer must ensure that they have the necessary authorization to use such method of payment. The customer undertakes to use the credit card they personally hold. In the event of fraudulent use, Bey International SA cannot be held liable. In case of refusal of the bank, the order will be automatically canceled and the customer will be notified by email.
- Bey International SA uses a secure payment solution. Confidential payment data is transmitted directly to Shopify International Limited, in encrypted form in order to ensure the confidentiality of the payment. Solely the payment service provider has access to the customers banking details provided at the time of payment. Such data does not transit through Bey International SA’s servers and no information concerning your credit card will be stored on our Website.
- Shipping and Delivery
- Upon receipt of your order on the Website and confirmation of your payment, your order will be processed as soon as possible.
- To date, we can only ship to the following locations:
- the European Union;
- the United States of America;
- United Arab Emirates
- Saudi Arabia
- Australia; and
- New Zealand.
- In principle, the standard delivery time is within ten (10) business days. We may take up to five (5) business days to process your order. However, such delivery time, or any other indicated delivery times are to be regarded as guidelines. Such indicated delivery time is based on Bey International SA’s best knowledge at the time but is not guaranteed, as delivery times are dependent upon the order, available stock and shipping address. Some countries may take considerably longer. Events of force majeure or production interruptions shall release Bey International SA from the observation of the indicated delivery times, and claims for damages due to the non-observation of such delivery times are excluded.
- Confirmed orders will be delivered to the address indicated by the customer at the time the order was placed.
- Bey International SA undertakes to pack and protect the goods to be shipped, but is not liable for any damage which may occur during delivery. Such liability is to be borne by the postal service provider.
- Both the ownership of the Products and the risk are transferred to the customer at the moment when Bey International SA transfers the Products to the postal service provider. Once the Products have been transferred to such service provider, Bey International SA is no longer responsible for the receipt of the package and any loss or non-receipt of a notice of passage with respect to the package must be settled directly with the postal service provider.
- Returns and Exchanges
- The customer may return the Product(s) within a deadline of fourteen (14) days as of receipt of the Product(s). Please note that if you are a customer based in the European Union, this is a statutory right. Such right may be exercised by sending us an email within the fourteen (14) days as of receipt of the Product(s), and complying with the return process as indicated in Sections 9c.1, 9c.2 and 9c.3 below.
- To cancel your confirmed order and/or to return your Product(s), you must first contact us at email@example.com and follow the steps detailed in Section 9b.3 “Exchange” below.
- In the event that a purchased Product is defective, please send us the following information by email at firstname.lastname@example.org: (i) the guarantee card or order number; (ii) a brief description of the defect and (iii) photographs of the defective Product and of the defect itself.
- Once we receive the above-mentioned email, we will check with the relevant commercial partner to confirm whether the defect is covered by the guarantee. Once such coverage is confirmed, we will send you a confirmation email, and the defective Product should be returned following the process described in Section 9.3. below.
- Products which are not defective cannot be exchanged and should be returned in accordance with the process described below.
9c. Return process
1.Solely Products which have not been used and are salable in new condition are eligible for return.
2.To return a Product or change a confirmed order, please follow the steps below:
- Send an email to email@example.com with your contact details, including your phone number, and purchase information.
- In our response email, we may ask you to provide information about the Product in order for us to assess the condition of the Product and our acceptance of the return.
- We will then contact you by email in order to give you an indication of the next steps and instructions.
- Carefully package the Product you want to return along with the instructions provided by us and send to the address indicated in Section 9c.3 below.
- Unless otherwise indicated by us, return expenses for refunds or exchanges are borne by the customer.
- You must keep evidence of return shipment of the Product and we do not accept any liability in the event that such evidence cannot be produced.
- Once we have received the returned package, we will send you a confirmation by email, and where applicable, we will ship the exchanged Product(s) to you. In the event of a simple return (without an exchange) and refund, your bank will be credited within five (5) business days using the same credit card you purchased the Product(s) with. Please note that unless indicated otherwise, only the price of the returned Product(s) will be refunded.
- Products that have been purchased from us through our Website may only be returned to us at the following address AFTER the steps in 9c.2 i-iii have been completed:
- Disclaimer and Limitation of Liability
- You use the Website at your own risk. The Website is made available to you on an “as is” and “as available” basis.
- The information contained on the Website is provided to you without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or warranty of third-party rights.
- The images and texts illustrating and describing the Products on the Website are non-contractual and for information purposes only. Bey International SA assumes no liability for any errors or omissions in the images or texts appearing on the Website.
- Bey International SA does not warrant that:
- the Website will operate in an uninterrupted and secure manner or that it will be accessible at any time or in any place;
- errors or defects that may affect the Website will be corrected;
- the Website is free of viruses or other harmful components;
- the use of the Website will meet your expectations.
- Neither Bey International Ltd., its officers nor its employees shall assume any liability whatsoever in connection with the use of the information contained on the Website and neither we, our officers nor our employees shall be held liable for any inaccuracies, errors, omissions or modifications to the information available on the Website.
- Except in the event of willful misconduct or gross negligence, Bey International Ltd., its employees and subcontractors, may not be held liable for any damages or loss whatsoever arising in connection with the Products, their use, delivery or our Website, including indirect or punitive damages, loss of profit, loss of data or damage to property or persons, regardless of whether we may have been informed of the possibility of occurrence of such damage.
- In no case shall Bey International Ltd., its employees and subcontractors, be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, in connection with the Products, their use, delivery or our Website, regardless of whether we may have been informed of the possibility of the occurrence of such damage.
- Data Protection
- Bey International SA processes and stores only the personal data necessary for the completion of the order, invoicing, and delivery. Such information is shared solely with the third parties necessary for the order to be processed correctly, and in particular, for delivery.
- Please see our Privacy and Cookies Policy for information on how we process your personal data.
- Intellectual Property
- The Website and its original content, features and functionalities are and will remain the exclusive intellectual property of Bey International SA, and/or its licensors, and with respect to the Products, our commercial partners.
- Any reproduction, publication, transmission, modification or distribution is prohibited. In particular, any complete or partial reproduction of our Website is strictly prohibited without prior authorization. Bey International SA reserves the right to take legal action against any offenders.
- Applicable Law and Place of Jurisdiction
- The present GTC are governed and construed in accordance with the laws of Switzerland, excluding its private international law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is also excluded.
- The exclusive place of jurisdiction, with the exception of recourse to the Federal Supreme Court, is the State of Geneva, Switzerland.
- Our failure to enforce any right or provision of the present GTC will not be considered as a waiver of such rights.
- If any provision of the present GTC is held to be invalid or unenforceable by a Court, the remaining provisions of the GTC shall remain in effect.
- These GTC constitute the entire agreement between us with regards to our Website and supersede and replace any prior agreements we may have with regards to the Website.
- If you have any questions about the present GTC, please contact us at firstname.lastname@example.org.
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