General conditions of use the product reservation service

General Terms and Conditions of Use of the BESSON CHAUSSURES Product Reservation Service

Preamble

A. The purpose of the present document is to define the terms and conditions of access and use of the services allowing customers of the company BESSON CHAUSSURES to use the product reservation service under the terms and conditions of the present document (hereinafter the ‘General Terms and Conditions of Use of the Service’ or ‘GCUS’).

B. This service is accessible from the Internet site www.besson-shoes.com/eu_en/ (hereinafter referred to as the ‘Site’), provided by a third party on behalf of the company BESSON CHAUSSURES (hereinafter referred to as the ‘Service’).

C. The GCUS are concluded exclusively between the company BESSON CHAUSSURES and any person of legal age who is a natural person and a consumer within the meaning of French law who connects to the Site and uses the Service, hereinafter referred to as the ‘Internet User’.

D. The company BESSON CHAUSSURES and the Internet User are collectively referred to as ‘the Parties’.

ARTICLE 1 - LEGAL IDENTIFICATION

ARTICLE 2 - SCOPE OF APPLICATION

ARTICLE 3 - PRE-CONTRACTUAL INFORMATION

ARTICLE 4 - SERVICE AVAILABILITY

ARTICLE 5 - INTELLECTUAL PROPERTY

ARTICLE 6 - SERVICE DESCRIPTION

ARTICLE 7 - PRODUCT AVAILABILITY

ARTICLE 8 - RESERVATION TERMS

ARTICLE 9 - CANCELLATION OF RESERVATION

ARTICLE 10 - FINANCIAL CONDITIONS

ARTICLE 11 - LIABILITY

ARTICLE 12 - COMMITMENTS OF THE INTERNET USER

ARTICLE 13 - PROTECTION OF PERSONAL DATA

ARTICLE 14 - APPLICABLE LAW AND JURISDICTION

PART I. GENERAL CONDITIONS OF USE OF THE SERVICE

Article 1. - Legal identification

The company BESSON CHAUSSURES which publishes the site “www.besson-shoes.com/eu_en/ ” is a Société par Actions Simplifiée (simplified joint stock company) registered with the RCS of Clermont-Ferrand under the number 304 318 454 whose registered office is at 1 rue des Frères Montgolfier - 63170 AUBIERE.

APE code: 4772A

VAT N° FR : 07 304 318 454

CNIL declaration no.: 1

Article 2. - Scope of application

2.1. Access to and use of the Service via the Site are subject to acceptance of and compliance with these GCUS by the Internet user. They are applicable to all offers subscribed to by the latter.

2.2. The present CGUS prevail over all other terms and conditions of purchase and are enforceable throughout the period of use of the Site and until new CGUS replace the present ones.

2.3. Within the limits authorized by applicable regulations, BESSON CHAUSSURES reserves the right to adapt or modify the General Terms of Use of the Service at any time. In the event of modifications, the Internet User is invited to read and accept the new General Terms of Use of the Service before continuing to use the Site.

2.4. The applicable GCUS are those in force on the Site at the time of product reservation.

2.5. It is understood that the GCUS are not considered to be General Terms and Conditions of Sale. In the event of a purchase, the terms and conditions of sale applicable are those in force in the store or on the e-commerce site where the purchase takes place.

Article 3. - Pre-contractual information

3.1. Prior to placing an order, the Internet user acknowledges having been informed, in a legible and comprehensible manner, of the present CGUS, and in particular of the following information:

- the identity of the company, its geographical address, telephone number, e-mail address and any other forms of online communication;

- the main characteristics of the good or service;

- the total price of the good or service, including all taxes and services to be paid by the consumer.

Where the price cannot reasonably be calculated in advance due to the nature of the product, the method of calculating the price and, where applicable, any additional transport, delivery or postage costs;

Where these costs cannot be calculated in advance, a statement that they may be payable;

- the existence of a legal guarantee of conformity for the goods.

- the existence and conditions of a consumer after-sales service and commercial guarantees;

- the terms of payment, delivery and performance, as well as the date of delivery of goods or performance of services envisaged by the company;

- complaint handling procedures

Article 4. - Availability of the Service

4.1. BESSON CHAUSSURES will do its best to make the Service available 24 hours a day, 7 days a week.

4.2 However, access may be suspended or withdrawn at the sole discretion of BESSON CHAUSSURES, in particular in the event of force majeure, events beyond the control of BESSON CHAUSSURES, computer difficulties, difficulties related to the structure of telecommunications networks, technical difficulties, or as part of maintenance and/or updating operations necessary for the proper functioning of the Application and Services, without such operations giving rise to any right to compensation for the Internet User.

4.3. Access to the Site and the Service implies knowledge and acceptance of the characteristics and limits of the Internet, in particular as regards technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network.

4.4. BESSON CHAUSSURES does not guarantee that the Site or the Service, or their servers, will at all times be free of viruses, worms, Trojan horses or any other component likely to cause damage. It is the responsibility of the Internet user to take all appropriate measures to protect his/her own hardware, data and/or software stored on his/her computer equipment against any damage.

Article 5. - Intellectual property / License

5.1. The software, developments and all content making up the Site, including the Service, (the “Protected Elements”) are protected by intellectual property rights (such as in particular all copyrights, patent rights, trademark rights, database producers' rights, and all other existing or future French and international intellectual property rights) and belong to BESSON CHAUSSURES or to third parties having authorized the latter to use them.

5.2. In this respect, all graphic elements such as information, texts, images, photographs, videos, logos, as well as any computer applications distributed by BESSON CHAUSSURES on the Site or the Service are protected by current intellectual property laws. Under no circumstances may they be used, reproduced, imitated or adapted without the prior written authorization of BESSON CHAUSSURES.

5.3. Use of the Site or the Service in no way confers on the Internet user a right of ownership and/or an intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Site in accordance with its purpose and in compliance with the GCUS.

5.4 It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of BESSON CHAUSSURES.

The Internet User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, disseminate, distribute or transfer all or part of the Protected Elements, create derivative works therefrom, or authorize a third party to commit such acts, without the prior written consent of BESSON CHAUSSURES.

5.5. Failure to comply with the provisions of the present article constitutes an infringement of the intellectual property rights of BESSON CHAUSSURES and/or third party licensors and may result in civil and criminal proceedings.

Article 6. - General description of the Service via the Site

6.1. The Site provides the Internet User with a list of stores that have the selected product in stock.

Certain products do not benefit from the Service.

These may be references exclusively available on the Site.

They are identified by the words WEB EXCLUSIVITY on the product sheet.

They may also be items from previous seasons (OUTLET department) only available on the Site and excluded from the Service.

6.2. Stocks may vary from one store to another. For each product, only the stores that have the product and are located around the Internet user are proposed.

6.3. The Products offered comply with the standards applicable in France. As a result, the photographs illustrating the Products, in support of the text, do not enter into the contractual field for those which would present errors or minimal variations between the photograph and reality, and in the case where the latter would not relate to essential elements of the Product, in accordance with the applicable jurisprudence.

6.4. From the moment the Internet User wishes to reserve a product, the reservation is made in several stages:

The Internet user selects the desired store;

- the Internet user fills his/her reservation basket;

- The Internet user provides the following information: title, surname, first name, telephone number, e-mail address; The Internet user certifies that the information provided is personal, reliable, true and up-to-date. In particular, he/she undertakes not to provide false and/or incomplete information concerning his/her identity and contact details;

- the Internet user receives an e-mail from the store he has selected acknowledging receipt of his reservation.

- the Internet user then receives from the store, within a period of time specified during the reservation process (in principle a maximum of 2 hours), after submitting the reservation request, an SMS or e-mail confirming the reservation and confirming, in particular, the availability of the product(s) reserved and the deadline for collecting the product(s) from the store.

The Internet user may visit the store that confirmed the reservation.

This reservation is guaranteed for 48 hours.

The final validation of the reservation by the Internet user is proof of the reservation.

6.5. The reservation does not imply any obligation to purchase, but only an obligation on the part of the Internet user to present the item in the store.

6.6. The Internet user may cancel the reservation by telephone to the selected boutique before the expiry of the period during which the product is reserved for the customer.

6.7. Use of the Service is free and without obligation to purchase. Reserving a product in the store selected by the customer does not imply online payment by the Internet user. Payment will be made in the store, when the reserved goods are collected, by the means of payment chosen by the Customer, in force in the receiving store.

6.8. The Internet user or any person in possession of the confirmation e-mail (sent by e-mail) and the Internet user's identity document may come to the store to collect and purchase the product.

Article 7. - Product availability

7.1. Product offers and prices are valid for as long as they are visible on the Site, except in the case of special operations, the period of validity of which is specified on the Site.

7.2. The Internet user is invited to check the availability of items sold in the store during the initial booking stages. The stock availability of products shows the stocks of each store appearing in a list proposed by the service.

The Internet user chooses one of these stores to reserve his or her product. The date and time of the last stock update are indicated directly in the module, in the “Check availability in store” step.

However, it is understood that this availability is given as an indication only, as products may be sold between the time the Internet user finalizes a reservation request and the validation of this reservation by the store.

7.3. The Internet user may also choose to cancel a reservation for unavailable products, or to cancel the reservation altogether, provided that he/she first informs the selected boutique, which will prepare the reservation order, by telephone (using the telephone number indicated in the reservation confirmation e-mail).

Article 8. - Reservation terms and conditions

8.1. Products may only be reserved in stores bearing the “Besson” or “Besson Chaussures” trade name.

8.2. Reservations are free of charge and there is no obligation to purchase in the store.

The Internet User may reserve :

- Only 1 product per E-reservation.

- 1 quantity of the same product.

8.3. Once the Internet user has made a reservation request on the Site, the store undertakes to take the request into account within the time period indicated during the reservation process and according to the store's opening hours and days (excluding public holidays).

The boutique will send an email confirming the reservation in full or in part, depending on product availability.

The response time to the reservation request is given for information only and is not contractual.

In this respect, the Internet user acknowledges that this time limit may not be respected (in addition to the preceding cases), in particular in the event of a problem with the reservation made by the Internet user, preventing it from being taken into account by the store.

8.4. Upon receipt of the confirmation email sent by the store, the products will be reserved for the period previously mentioned to the Internet user during the reservation process. The date and time of collection of the reservation will also be specified in this email and in the text message sent. The Internet user will then be able to collect the products from the boutique selected at the time of booking on the Site, subject to the boutique's opening hours.

Article 9. - Cancellation of reservation/refusal of products making up the reservation

9.1. As the reservation is free of charge and there is no obligation to purchase products in the store, the Internet user is free not to proceed with the purchase of the reserved products if they do not suit him/her.

9.2. Furthermore, the Internet user is free to cancel his/her reservation upon receipt of the email confirming his/her reservation request, by calling the store where the product(s) are reserved.

9.3. In the event of cancellation of the reservation by the Internet user, the sales teams of the store in question will put the products back on sale on the shelves.

9.4. Reserved products remain the property of the selected store until full and effective payment of the price by the Internet user.

Article 10. - Financial terms and conditions

10.1. Prices

The prices displayed on the Site are indicated in euros and include all charges applicable in France.

VAT is applied at the rate in force at the time of the order.

Any change in the VAT rate will be applied immediately to the current reservation.

The prices indicated on each item sheet are those in force on the Site, and may therefore vary according to the commercial policy of each store.

However, the price to be paid will be the one mentioned during the reservation process on the Site and in the e-mails received after confirmation from the store. If the Internet user benefits from a promotional code applicable to the items, the discount will be applied in store at the time of payment (excluding promotional codes valid only on: https://www.besson-shoes.com/fr/).

10.2. Means of payment

Means of payment are those in force in stores bearing the “Besson” or “Besson Chaussures” trade name.

BESSON CHAUSSURES reserves the right to refuse to process a reservation request if the Internet User's contact details are not analysed as being reliable (e.g. postal code error), if there is a previous or current dispute concerning payment, if the reservation concerns more than 2 (two) items reserved simultaneously, or if the Internet User has reserved items in the boutique more than 5 (five) consecutive times without visiting the boutique.

10.3 Proof of reservation / Payment

In the absence of proof to the contrary, BESSON CHAUSSURES' computer records, kept in secure conditions, shall constitute proof of all transactions between BESSON CHAUSSURES and the Internet User within the framework of the Service.

In accordance with regulations, BESSON CHAUSSURES will archive reservation requests on a reliable medium.

The Internet User may access these files by contacting Besson's customer service department at service-clients@besson-chaussures.com.

The Internet User is advised to keep the e-mail confirming his/her reservation.

Article 11. - Responsibilities

11.1. BESSON CHAUSSURES may not be held liable in the event of failure to fulfil any of its contractual obligations due to a fortuitous event (computer or technical problems, etc.) or a case of force majeure as defined by Article 1218 of the French Civil Code.

11.2 Under no circumstances may BESSON CHAUSSURES be held liable for loss of profits, commercial loss, loss of data or loss of earnings or any other indirect damage or damage that could not have been foreseen, in particular at the time of use of the Site or of the reservation request made by the Internet User.

11.3 In addition, BESSON CHAUSSURES may not be held liable in any way for the actions of third parties (Partners, other Internet users, etc.), or in the event of force majeure or unforeseen circumstances beyond their control.

11.4. BESSON CHAUSSURES makes no other warranties, express or implied, including, but not limited to, warranties as to the continuity, performance and/or durability of the Site/Service and/or as to the suitability for a particular purpose or the adequacy of the Site/Service to the needs of the Internet User, nor does it warrant that they are free from defects, errors or bugs or that they will operate without breakdown or interruption.

The Site and Service are provided on an “as is” and “as available” basis.

11.5. Access to and use of the Site and the Service are the sole responsibility of the Internet User.

In this respect, BESSON CHAUSSURES shall in no event be liable, in any capacity and for any reason whatsoever, in the event of :

- communication of erroneous information by an Internet User concerning any Personal Data useful for the provision of the Service ;

- dangerous, illegal or fraudulent behavior on the part of an Internet user.

Article 12 - Commitments of the Internet user

12.1. The “BESSON CHAUSSURES” reservation system operated by a third party does not imply any obligation to purchase on the part of the Internet user.

However, in order to follow up on the confirmation of the reservation by the store via e-mail, the Internet User is obliged to visit this store and to report to a salesperson in the store or, failing this, to cancel the reservation before the expiry of the reservation period.

12.2. Insofar as the reservation of products by the boutique implies the immobilization of stock during the period granted to the Internet user, the latter undertakes to visit the boutique or, alternatively, to cancel the reservation purely and simply within the reservation period.

12.3. If the reservation is not cancelled, the Internet user's failure to visit the boutique may constitute a breach of the GTUs, and the Internet user may be refused use of the Service if he or she fails to visit the boutique five consecutive times to take action on online reservations.

Article 13. - Protection of personal data

BESSON CHAUSSURES may process Users' personal data in compliance with current legislation.

Full information on the use of personal data is contained in the personal data protection policy accessible via the following link, which the User acknowledges having read: https://besson-shoes.com/eu_en/privacy-policy

Article 14. - Applicable law - Settlement of disputes

The General Terms and Conditions of Service are governed by French law.

Failing amicable resolution, all disputes relating to the GCUS shall be referred to the Court of the place of domicile of the defendant.

Terms and Conditions updated on 09/19/2024