TERMS AND CONDITIONS
The general terms and conditions govern relationships between:
BITS TAILOR, a simplified joint-stock company with a capital of 10,000.00 Euros, registered in the Paris trade and companies register (RCS) under number B 802 717 389, whose head office is situated at 104 Rue de la Folie Méricourt 75011 Paris, VAT Number FR 12 802717389 hereinafter referred as "BITS TAILOR", on the one hand,
and any individual or corporate entity wishing to make a distance purchase from BITS TAILOR website "http://www.bitstailor.com" hereinafter referred to as the "CUSTOMER", on the other hand.
The parties agree that orders made to BITS TAILOR via the Internet will be governed exclusively by these general terms and conditions. BITS TAILOR reserves the possibility of modifying its general terms and conditions at any time. In this case, the terms and conditions applicable will be those in force upon the date the order was made by the CUSTOMER. These general terms and conditions prevail over any other general or specific conditions to which BITS TAILOR has not expressly agreed.
ARTICLE 1 – Characteristics of the goods proposed
1.1 BITS TAILOR proposes non custom objects, custom objects and tailor-made objects created with 3D printing and any other customization process such as engraving, laser cutting, digital milling.
1.2 BITS TAILOR will create a concrete object: interior decoration, jewel, fashion accessory, lamp, tech accessory (hereinafter referred as "OBJECTS").
1.3 The OBJECTS made-to-order and sold to the CUSTOMER are solely intended for decoration or pleasure. The OBJECTS do not have any utilitarian or functional purpose.
1.4 BITS TAILOR reserves the right to refuse any order of custom and tailor-made OBJECTS causing an offense to public order or good practices, as well as any custom or tailor-made OBJECT clearly infringing a third party intellectual right. In particular, this list not being exhaustive, firearms, objects representing racist, pornographic, violent content without being a piece or art, as well as any mark, brand name, figure clearly infringing a third party intellectual property right will be refused by BITS TAILOR. BITS TAILOR is solely responsible for judging if an OBJECT has been refused even if it complies with this article. In the event the CUSTOMER thinks that his OBJECT has been refused even if it complies with this article, he is invited to contact BITS TAILOR to explain his case.
ARTICLE 2 – Price
2.1 The prices of the OBJECTS shown on the catalogue published on the website "http://www.bitstailor.com" as well as the prices indicated for personalized orders, are given in Euros, including tax; Postage and packing costs should be added except in the cases when BITS TAILOR offer them. The VAT amount, as well as postage and packing costs, will be indicated on the invoice.
2.2 Postage cost is shown on our Websites at time of the order for the addresses we can delivered.
2.3 Alls orders are payable in Euros.
2.4 BITS TAILOR reserves the right to change its prices at any time. Invoices for the OBJECTS will be drawn up based on the prices in force at the time the order was validated by BITS TAILOR.
ARTICLE 3 – Order
3.1 By ordering OBJECTS on the website "http://www.bitstailor.com", the CUSTOMER states having full legal capacity to consent to the present terms and conditions or holding parental permission allowing him to place an order and be able to justify it any time to BITS TAILOR.
3.2 CUSTOMERS wishing to purchase an OBJECT available on the
"http://www.bitstailor.com" website catalogue must , without fail:
- fill out the identification sheet on which they indicate all the requested contact details ;
- fill out the online order form, giving all OBJECT references (color, customization details, etc...) ;
- validate their order after checking that their invoicing address and delivery address are correct ;
- make payment in accordance with the established conditions ;
- confirm their order and payment.
3.3 CUSTOMERS wishing to have a tailor-made OBJECT must contact us through the contact form and mention in it:
- their last name and first name ;
- their contact details (phone number and email address) ;
- a description of the OBJECT they want (sketch, size, color, etc...).
Upon receipt of this form, BITS TAILOR will contact the CUSTOMER within 2 working days to arrange a call (via phone or Skype) to discuss the future tailor-made creation. Then, BITS TAILOR will send to the CUSTOMER within 5 working days a customized quote that the CUSTOMER will be free to accept or not.
3.4 Confirmation of the order implies acceptance of these terms ad conditions, recognition that the CUSTOMER is fully aware of these and renunciation by the CUSTOMER of the use of their own purchase conditions or any other conditions.
3.5 The CUSTOMER's "click" on the "validate" button when making the order constitutes an electronic signature between the parties and has the same value as a written signature. Any information non filled out at this step (including typing initials or name or phrase in the case of customizable OBJECTS) and not taken into account at payment time cannot be subject to a claim. However, if the CUSTOMER is aware of his failure when ordering and if the CUSTOMER explains it to us via email we will do our best to accommodate his request.
ARTICLE 4 – Validation of the order
4.1 The OBJECT sales contract is concluded when BITS TAILOR, after having had the possibility of checking the detail of the order and its total price, has confirmed it.
4.2 A confirmation email summarizing the order (description of the OBJECT, price, delivery date, etc...) will be sent to the CUSTOMER by BITS TAILOR. This email also acknowledge that BITS TAILOR accepts the order.
4.3 BITS TAILOR reserves the right to refuse, without liability on its part, any order for a CUSTOMER on just cause, especially if there is doubt or a dispute over payment of a previous order.
4.4 Data recorded and kept by BITS TAILOR constitutes proof of all transactions carried out between BITS TAILOR and its CUSTOMERS.
4.5 In order to avoid fraud, above an amount of order of 100€ we need a copy of your ID in the 48 hours after your order, if we do not receive it we will be compelled to cancel your order and proceed with the refund.
ARTICLE 5 – Availability of the objects
5.1 In the event the materials and/or the machines used in the manufacture of OBJECTS are unavailable:
- Permanent unavailability: BITS TAILOR undertakes to offer OBJECTS with similar characteristics or to refund the missing OBJECTS within 30 days in accordance with the French consumer code (article L121-20-3)
- Temporary unavailability: BITS TAILOR will inform the CUSTOMER about restocking deadlines. The CUSTOMER can choose to maintain the order with these new deadlines of to cancel it. in that case, BITS TAILOR will offer to refund the missing OBJECT without delay and no later than 30 days in accordance with the French consumer code (article L-121-20-3).
5.2 BITS TAILOR reserves the right to cancel all or part of an order in the event of failure of one of its providers and in case of force majeure. BITS TAILOR will notify the CUSTOMER immediately after having been informed and will refund any amount already paid by the CUSTOMER and linked to the order or the part of the order canceled.
5.3 BITS TAILOR reserves the right to suspend the OBJECT customization service at any time for a duration determined by BITS TAILOR.
ARTICLE 6 – Delivery of the objects
6.1 The OBJECTS purchased on the website
"http://www.bitstailor.com" can be delivered in France, Overseas Departments and Territories, countries of the European Union, the USA and Canada for the moment. For all other destinations, please contact us and we will do our best to deliver you. Customs duties, local taxes, state taxes or import duties may be due are charged to the CUSTOMER. The CUSTOMER will be responsible and fully charged for these taxes, in terms of declaration and payments to the competent authorities and bodies. We advise the CUSTOMER to check wit the competent authorities of his country.
6.2 The delivery tracking is done until distribution to Germany, Belgium, Denmark, Estonia, Finland, France, Great Britain, Iceland, Ireland, Luxembourg, Monaco, Netherlands, Portugal, Sweden, Switzerland and for the other destinations its done until the French frontier.
6.3 BITS TAILOR will endeavour to ensure that its deliveries take place within the time periods set out in the email confirming the order and deliveries abroad as soon as possible following receipt of payment for the order. The timeframes indicated upon validation of the order are average usual timeframes and correspond to the time required for handling and delivery.
6.4 BITS TAILOR inform the CUSTOMER by email about the status of the production of the OBJECTS ordered and about their shipping. BITS TAILOR invites the CUSTOMER to check regularly the tracking of his order on the website
"http://www.bitstailor.com". BITS TAILOR undertakes to inform the CUSTOMER of any foreseen delays in delivery.
6.5 The OBJECTS will be delivered to the address indicated by the CUSTOMER on the order.
6.6 Delivery will be deemed to occur on the date of first delivery of the OBJECTS to the shipping address provided.
6.7 Ownership of the OBJECTS, and the associated risks, will be transferred to the CUSTOMER as soon as they take possession of the OBJECTS.
6.8 Any irregularity concerning the delivery (damages, OBJECTS missing compared to order delivery, damaged parcel, broken OBJECTS...) must necessarily be specified in writing on the delivery order, giving sufficient details and must be signed by the CUSTOMER. To ensure that these reserves are taken into consideration, the CUSTOMER must also confirm the irregularity to the transporter within three (3) working days following delivery, by means of a registered letter with acknowledgement of receipt specifying the irregularity. The CUSTOMER must send a copy of this letter by ordinary mail to BITS TAILOR.
ARTICLE 7 – Payment
7.1 The CUSTOMER shall pay his order:
- by credit card (Visa, MasterCard, American Express or Carte Bleue) : the order amount is debited at that time. The order registration date is the online payment date.
- by Paypal: the order amount is debited at that time. The order registration date is the online payment date.
7.2 The bank card number and expiry date are encrypted and transmitted to BNP Paribas or PayPal (Europe) Ltd. Secure Services, they are provided using the SSL encrypting procedure (Secure Socket Layer), with no access granted to BITS TAILOR or any third party. In particular, BITS TAILOR does not use any technical intermediary for the transmission of payment data. This information will not be reused.
7.3 Data recorded and kept by BITS TAILOR constitutes proof of the order and of all transactions carried out. Data recorded by the payment system constitutes proof of the financial transactions.
7.4 Invoices will be sent to the CUSTOMER via email.
ARTICLE 8 – Right of withdrawal
8.1 Regarding the non-customized OBJECTS ordered on the website
"http://www.bitstailor.com", the CUSTOMER has a period of fourteen (14) days from receipt of the OBJECTS to apply his right of withdrawal without giving any reason; To exercise the right of withdrawal, the CUSTOMER must notify BITS TAILOR his decision to cancel the present contract through an unequivocal statement (eg, letter sent by mail or email). The CUSTOMER can use the cancellation form at his disposal. The withdrawal period will expire after fourteen (14) days on which the CUSTOMER acquires, or a third party other than the carried and indicated by the CUSTOMER acquires, physical possession of the OBJECTS.
8.2 The CUSTOMER shall send back the OBJECTS to BITS TAILOR without undue delay and in any event not later than fourteen (14) days from the day on which the CUSTOMER communicate his withdrawal from this contract. The deadline is met if the CUSTOMER send back the OBJECTS before the period of fourteen (14) days has expired.
8.3 The CUSTOMER is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The CUSTOMER shall send the OBJECTS back to BITS TAILOR in original condition with their original packaging (accessories, packaging including gift box, jewellery case, etc.. ) and in perfect condition.
8.4 BITS TAILOR shall refund within ten (10) days after receiving the OBJECTS or the proof that the CUSTOMER has reshipped the OBJECT. BITS TAILOR will carry out such reimbursement using the same means of payment as the CUSTOMER used for the initial transaction, unless you have expressly agreed otherwise. The CUSTOMER must verify the validity of his means of payment for reimbursement can take place.
8.5 Regarding the customized and tailor-made OBJECTS ordered via the website
"http://www.bitstailor.com", as these are "personalized" products, the right of cancellation can only apply in accordance with the provisions of article L121-20 of the French consumer code. In particular, cancellation is excluded (article 121-20-3, 3rd paragraph) for orders "for the supply of goods made in accordance with customer specifications or clearly personalized)
ARTICLE 9 – Guaranty/Liability
9.1 The OBJECTS sold by BITS TAILOR are solely intended for decoration or pleasure. Therefore, BITS TAILOR shall not be held liable in case the OBJECTS are used for a purpose other than decoration of pleasure.
9.2 BITS TAILOR will do its best efforts so that the 3D images shown in the catalogue published on the website "http://www.bitstailor.com" are as faithful a representation of the OBJECT as possible. However, because of the digital presentation method on the Internet, it is possible that impression of the CUSTOMER is not exactly the way the OBJECT really is. Therefore, the OBJECTS delivered may vary slightly from their presentation on the website "http://www.bitstailor.com". Differences may result from the color quality of the photographs, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity and shall not justify a cancellation of the sale except in circumstances where differences concern an essential feature of the OBJECTS and affect its quality.
9.3 The OBJECTS benefit from the legal guarantee provided for in articles 1641 and following of the French civil code.
9.4 BITS TAILOR cannot be deemed responsible for consequences inherent to the individual CUSTOMER, such as allergic reactions to the materials used for manufacturing the OBJECT, or if the personalized OBJECT fails to satisfy the CUSTOMER due to his own personal taste.
9.5 BITS TAILOR may not be held responsible in the event of failure in the stock of primary materials, delay in delivery, strikes (including transport strikes) or force majeure, in a more general sense, for any event not exclusively and directly attributable to it.
9.6 The illustrations shown in the catalogue on the website "http://www.bitstailor.com" are not contractually binding. BITS TAILOR invites the CUSTOMER to read the description of each OBJECT to know the precise characteristics. In case of doubt or further information required, BITS TAILOR invites the CUSTOMER contact us through the contact form .
9.7 CUSTOMERS access, use and navigate the BITS TAILOR website at their own risk. For all the stages of website access, order processing, delivery or post-delivery services, BITS TAILOR is bound only by a best effort undertaking. BITS TAILOR may not be held responsible for any inconveniences or damage inherent to Internet use, in particular service failure, external intrusion, the presence of IT viruses, or any qualified occurrence of force majeure, in accordance with case law.
9.8 CUSTOMERS recognize and accept that, within the full scope of the applicable regulations, BITS TAILOR cannot be held responsible for direct, indirect, fortuitous damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of harm in question was known to, or could have been foreseen by BITS TAILOR). In any event, BITS TAILOR's liability shall be limited to the total amount paid by the CUSTOMERS for their current order.
ARTICLE 10 – Personal data
10.1 In accordance with the French law on information Technology, Files and Freedoms of 6th January 1978, nominative information relating to CUSTOMERS may be the subject of automated handling..
10.3 CUSTOMERS may object to the divulgation of their contact details by informing BITS TAILOR. The same vein, users have a right to access and rectify data concerning themselves in accordance with the law of 6 January 1978.
10.4 The automated handling of data, including the management of website users' email addresses, was the subjects of a declaration submitted to the CNIL (French data protection authority) registered under number 1804247.
ARTICLE 11 – Settlement of disputes
11.1 These online terms and conditions are governed by French law.
11.2 The parties will endeavour to resolve any disagreements which may arise between them concerning the interpretation, partial or total execution or non-performance of these terms and conditions in an amicable solution.
11.3 The CUSTOMER should contact BITS TAILOR as a priority in order to obtain an amicable solution..
11.4 In the absence of an amicable agreement, any dispute will be submitted to the competent court of the place of the defendant's domicile or, at his discretion, at the delivery place of the OBJECT.
For further information or if you are not entirely satisfied with services provided by BITS TAILOR, contact our Customer Department:
104 rue de la Folie Méricourt
75011 Paris, France