Terms and conditions of sale

ARTICLE 1. SCOPE OF APPLICATION

These general conditions of sale (hereinafter the “GCS”) apply to all purchases of goods (hereinafter the “Product(s)”) offered for sale on the website https://www.besson-shoes.com/eu_en/ (hereinafter the “Site”) operated by BESSON CHAUSSURES, a société par actions simplifiée (simplified joint stock company) with a share capital of 19,932. 360 euros, registered with the Registre du Commerce et des Sociétés de CLERMONT-FERRAND under number 304 318 454 and having its registered office at 1 Rue des Frères Montgolfier - 63170 AUBIERE registered under VAT number FR 07 304 318 454 (hereinafter the “Vendor”) by consumers, as defined by the preliminary article of the Code de la Consommation, as any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity and/or by non-professionals, defined as any legal entity not acting for professional purposes (hereinafter the “Customer(s)”).

The Seller's telephone number is +33 4.43.55.05.24 and its e-mail address is service-clients@besson-chaussures.com.

The Vendor's customer relations department can be contacted

- +33 8.06.80.00.04 (call deducted from the package - or charged at the price of a local call) from Monday to Friday, excluding public holidays, from 9am to 6pm and Saturday from 9am to 4pm.

- Or by e-mail to the following address: service-clients@besson-chaussures.com

- Or via the form available by clicking on “Contact us” at the bottom of the site.

The Seller is registered with two eco-organizations: ADELPHE under the unique identification number FR200338_01RCGH and REFASHION under the unique identification number FR200338_11UMON.

ARTICLE 2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of distance selling and of any purchase of a Product by a Customer on the Site.

An Order is defined as any online purchase of a Product which does not require any customization or adaptation of the Product and which may be delivered as is by the Seller (hereinafter referred to as the “Order(s)”).

These General Terms and Conditions of Sale specify the various steps required for the Customer to place an Order, the terms of payment and delivery, and the follow-up of the Customer's Order.

ARTICLE 3. ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE

All Orders placed on the Site imply the Customer's unreserved acceptance of the present General Terms and Conditions of Sale.

The Customer may consult these General Terms and Conditions of Sale prior to placing an Order by clicking on the appropriate tab on the Site. The Customer must accept these General Terms and Conditions of Sale when finalizing the Order, by giving his/her consent when validating the shopping basket.

The GCS come into force as from their publication on the Site on the date stipulated at the end of these GCS.

The version of the GCS applicable is the version in force on the day the Order is placed by the Customer.

The Vendor reserves the right to modify them at any time. In this case, the new modified GTCS will only apply to Orders placed after the modification.

The fact that the Vendor does not take advantage, at a given time, of any of the stipulations of the present GTCS may not be interpreted as a waiver of the right to take advantage, at a later date, of the said stipulation(s) of the said GTCS.

In the event of any provision of these GTS being rendered or judged illegal, null or inapplicable, only that provision shall become inapplicable.

ARTICLE 4. PRODUCTS

The Products offered for sale by the Vendor are those shown on the Site on the day of consultation by the Internet user.

The Products are presented by means of a presentation sheet (product name, composition, presentation, etc...) drawn up with maximum accuracy and precision, allowing for the most faithful and complete description. However, in view of the digital presentation of Products on the Internet, it is possible that the Internet user's perception of the photographic representation of the Products may not correspond exactly to the Product itself.

The Vendor reserves the right, at any time, to add new Products, to delete all or part of the Products presented for sale on the site, or to modify their presentation, without any particular formalities vis-à-vis Internet users and Customers.

ARTICLE 5. CUSTOMER ACCOUNT

The customer account enables the User to :

- Place an order for Product(s) and track its progress,

- Save a Product(s) in his/her shopping cart and create an order list(s),

- Save their personal information permanently for future visits and purchases on the Site and modify it at their convenience,

- Track orders being delivered, shipped, returned and/or cancelled,

- Request a product return

- Consult current promotional offers,

- Join our loyalty program,

- Set your choices for receiving the Seller's Newsletter by e-mail and/or SMS.

Any User may create a customer account on the Site, with no obligation to purchase.

5.1 Customer account creation

To create a customer account, the user must click on the “Account” tab in the top right-hand corner of the Site.

The user must then enter his/her e-mail address and a password of his/her choice.

The user may choose or refuse to receive the Vendor's newsletter by e-mail. The user may also choose or refuse to receive Besson news by SMS. These two choices can be selected independently, by ticking a box provided for this purpose.

To confirm the creation of an account, the user must click on “Create an account”. 

The user must provide the following information: first name, last name, e-mail address and password.

5.2 Customer account login

To log in to your customer account, click on the “Account” tab in the top right-hand corner of the Site.

The user must enter his/her e-mail address and the password associated with his/her customer account, then click on the “Login” tab.

Users must log in to their customer account during the order process on the Site. Clicking on the “Pay my order” button takes you to the login page.

ARTICLE 6. ORDER PROCESS

An Order may only be placed by a person of legal age and with the legal capacity to contract.

Any Order implies acceptance of the prices and descriptions of the Products available and presented on the Site. The Vendor undertakes to honour the Orders received on the Site only within the limits of available stocks of Products.  In the event of unavailability of one or more Products ordered, the Vendor undertakes to inform the Customer by e-mail as soon as possible. The Customer's Order for an unavailable Product will then be automatically cancelled. The Customer will receive a full refund within fourteen days of the order cancellation.

In addition, the Vendor reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order, which the Company must justify to the Customer by e-mail.

6.1 Order process

To place an Order for a Product(s), the Customer must successively follow the following steps:

1. Connection and/or registration to the Customer's personal account: the Customer must create a customer account or connect to his/her existing customer account by entering his/her login and associated password in the field provided for this purpose on the Site as soon as he/she accesses the Site or after validating his/her shopping basket.

2. On the page reserved for the Product, the Customer must select cumulatively or alternatively, depending on the product:

- Color,

- The desired size, as some Products may be offered in one size only.

3. Add the selected Product(s) to the shopping cart by clicking on “Add to Cart”. The basket can be accessed at any time during the Order process for modification or validation.

4. Choose the delivery or collection method, with the option of home delivery or collection from a relay point. The Customer may also choose to collect the product from a store of their choice by “Click&Collect” delivery, subject to stock availability, by clicking on “Delivery or store collection”.

The conditions for placing an Order and picking up in a store via the “Click and Collect” service are set out in article 7.

5. Access the shopping cart by clicking on the shopping cart symbol in the top right-hand corner of the Site.

6. Optionally, indicate the code relating to any discount or promotion held by the Customer by entering the associated code in the “Promotion Code” field provided for this purpose.

If the Customer is logged in to his/her account at this stage of the Order process, he/she will also be able to view the current loyalty benefits pertaining to his/her account, which he/she will be able to select by clicking on the benefit of his/her choice.

The Order summary will be automatically modified accordingly.

7. Validate your basket after checking its contents by clicking on the “Pay my Order” tab.

8. Log in to their customer account or create a customer account, accepting or refusing to receive the Vendor's newsletter and/or sms. The customer can also choose whether or not to join the loyalty program from the account creation page.

9. In order to proceed with the order, the Customer must enter the delivery address: address, zip code, town and country, or click on the suggested addresses provided by the Google system.

10. In the “Delivery address” box, the Customer must also enter his/her cell phone number.

11. The Customer must then choose the method of delivery: home delivery

- Home delivery will be made to the address previously provided by the Customer.

12. Click on “Next” to access the Payment page.

By default, the delivery address entered is considered to be the same as the billing address. The Customer may enter a billing address different from the delivery address indicated by unchecking the “My delivery and billing addresses are identical” tab. He may then enter new postal details, under the same conditions as in point 9.

13. The Customer must then choose the means of payment, in accordance with article 9, between :

- By credit card, by entering the full name of the credit card holder, the credit card number, the validity date of the credit card and the security code consisting of a three (3)-digit cryptogram on the back of the credit card,

- Via the third-party payment service PAYPAL,

- By the third-party payment service ALMA for payment in three (3) monthly instalments.

The Customer will be redirected to the selected secure payment site to validate the payment.

- By the third-party payment service APPLE PAY.

14. The Customer may also validate his Order by telephone on +33 1.76.21.81.31 (call deducted from the package or billed at the price of a local call).

BESSON CHAUSSURES advisors are available to help Customers Monday to Friday from 9am to 6pm and Saturday from 9am to 4pm.

15. On the Payment page, the Customer must expressly accept the Site's current general terms and conditions of sale.

The placing of an Order by the Customer implies his unreserved acceptance of these General Terms and Conditions of Sale and all other applicable conditions of the Vendor published on his Site.

16. The sales contract between the Vendor and the Customer is formed when the Customer clicks on “Confirm and pay” after accepting the GTCS.

6.2 Order confirmation

Once an Order has been placed, the Vendor will send an e-mail to the Customer confirming the registration of the Order, the details of the Order and the delivery date/period.

Thereafter, the Vendor will automatically send an e-mail informing the Customer of the dispatch of the Order (or confirmation of preparation for in-store delivery) and of the expected delivery times by the Post Office or the Vendor's carrier (delivery times vary according to the carrier chosen, as indicated at the time the Order is placed).

6.3 Order modification or cancellation

As long as the Order has not been validated at the payment level, the Customer may make any modifications and update his/her basket. To do so, simply click on “My basket” during the checkout process and make the desired changes.

However, once the payment has been validated, the transaction is recorded and there is no recourse to modify or cancel it online. The Customer must wait to receive the Product(s) before carrying out the exchange or refund procedure after delivery of the Order, under the conditions of article 11, in order to obtain an exchange or refund from the Vendor or the Click&Collect store.

6.4 Order archiving

The Customer's shopping basket is archived for a period of seven (7) days.

However, in order to access the archived shopping cart, the Customer will have to reconnect to the Site using the same computer with the same IP address for connection to the service.

In accordance with article L.213-1 of the French Consumer Code, the details of the Order, whatever the amount, are archived for a period of ten (10) years on a secure server. However, no credit card numbers are stored.

The Customer accepts that the Order confirmation is considered as proof of the contractual relations between the Parties.

6.5 Refusal of an Order by the Vendor

The Vendor reserves the right to refuse and/or cancel an Order, by notifying the Customer by e-mail of the reason therefor, without being liable for any indemnity, compensation, or any other cost other than the reimbursement of any sum paid by the Customer in relation to the Order, which the Vendor has refused or cancelled for one of the following reasons:

- The Product is no longer available / in stock. Although the Vendor makes every effort to present only Products available for sale, a discrepancy in the availability of Products between the presentation on the Site and the physical stock may occur as a result of a difference in stock on sales concluded at the same time for the same Products. Thus, the execution of any Order can only be honored if the Product(s) ordered is (are) physically available,

- The Customer's delivery and/or billing information is incorrect or unverifiable, or has not allowed delivery of the Order,

- The Order is flagged by the Seller's security systems as an unusual Order or an Order susceptible to fraud, if it is reasonably apparent that the quantity ordered is not intended for use exclusively for the Customer's personal needs, due to the detection of more than ten (10) orders placed in the same day via an identical IP address.

- The Customer proves to be/is an unauthorized reseller within the Vendor's network of agent-managers and, more generally, any natural or legal person acting for the purpose of purchase/resale.

ARTICLE 7. DELIVERY

7.1 Countries of delivery

- Germany, Italy, Luxembourg, Portugal, The Netherlands

The Vendor offers the following delivery method:

- COLISSIMO: Home delivery - Upon confirmation of the order, the Customer can follow the delivery process, and is informed by e-mail, twenty-four hours (24h) before delivery of the parcel, that he can reschedule the delivery, if he is not available on the specified date. The parcel is hand-delivered or delivered to the Customer's letterbox. If the size of the parcel does not allow delivery in a letterbox, and the Customer is not present to receive the parcel, the parcel is made available to the Customer at the post office to which the Customer is attached. The Customer then has ten (10) working days from the arrival of the parcel at the post office to collect it. After this period, the parcel will be returned to the Vendor. The Customer will then be reimbursed for the purchase, or depending on where the order was dispatched, the Vendor may offer to reroute the order.

The Vendor declines all responsibility for delays in delivery caused by the absence of the recipient of the parcel or its failure to be collected within the time limit set for this purpose.

Delivery by COLISSIMO will be subject to the general terms and conditions of sale of the third-party service provider La Poste, which can be accessed at the following link: Contractual conditions - La Poste Particuliers.

7.2 Delivery charges

- Delivery in Germany, Italy, Luxembourg, The Netherlands, Portugal :

COLISSMO delivery is charged :

- 8€ home delivery up to two (2) Products purchased

This rate applies per Order. From the 3rd item purchased, an additional charge of 1€ will be applied for each additional Product purchased.

For orders of 11 items or more, shipping costs are €65.45 for home delivery.

7.3 Delivery times

Orders are delivered within the delivery time specified, which runs from the time the order is dispatched.

The delivery time is mentioned before the Order is placed, when the Customer chooses his or her delivery method, and therefore varies according to the delivery method chosen. It ranges from forty-eight hours (48 H) to seventy-two (72 H) for “COLISSIMO” home deliveries, relay points and express store deliveries at 2.95€ and from five (5) to fifteen (15) working days for Click & Collect deliveries to BESSON CHAUSSURES boutiques.

The customer is debited when the order is dispatched, or at the latest on D+6 of the order date. The delivery period runs from the date of dispatch.  However, at certain times of the year (in particular during sales or promotional operations of any kind), the processing time may be longer due to the greater number of Orders to be processed.

In all cases, the Customer automatically receives an e-mail informing him/her of the dispatch and tracking of his/her Order, and the Vendor undertakes to deliver the goods ordered on the Site within the time limit, expressed in working days, which will be displayed in the Order summary and in the Order confirmation e-mail.

In the event of the Vendor exceeding the delivery deadline, and not justified by a case of force majeure (in accordance with article 15 of the GCS), the Customer may, in accordance with article L.216-1 of the French Consumer Code, cancel the sale by registered letter with acknowledgement of receipt, or in writing on another durable medium, if, after having requested the Vendor, in the same manner, to make delivery within a reasonable additional period, the Vendor has not complied within this period.

Within fourteen (14) days of receipt of this registered letter, the sums paid by the Customer will be reimbursed in full.

ARTICLE 8. PRODUCT PRICE AND DELIVERY CHARGES

The Product price in force is that shown on the Site on the day the Order is placed by the Customer.

The price of the Product is indicated in euros and includes all taxes, but excludes delivery charges, which are payable by the Customer, unless otherwise specified prior to purchase.

The amount of the related delivery charges is indicated to the Customer prior to the finalization of the Order.

The price displayed on the site is the price charged by the Vendor for online sales on the Site.

The price displayed on the site may differ from the price charged in the store, the latter being the result of the commercial policy of the managing agents.

Any difference in price will not lead to reimbursement, financial allocation or any other form of compensation for the difference.

ARTICLE 9. METHODS OF PAYMENT

For all purchases on the Site, the Vendor accepts the following methods of payment:

9.1. Payment by credit card

Payment is made online by credit card at the time the Order is placed by the Customer. The following credit cards are accepted: Carte Bleue, Visa and Mastercard issued in France (excluding Electron, Maestro, e-CB and pre-paid CB cards).

The bank account corresponding to the credit card used for payment will be debited on the day the Order is dispatched.

The Vendor reserves the right to cancel any Order that presents a risk of fraudulent use of a bank card or a case of refusal of payment authorization by banking organizations.

Furthermore, the Vendor reserves the right to refuse to honour an Order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress.

9.2 Payment by PAYPAL

The Vendor has also adopted the PayPal payment system, which enables account holders to make purchases on the Site using this method, and which is carried out online when the Order is placed.

This solution limits the information that the Customer communicates to the Vendor, and guarantees the conformity and security of each transaction.

The Paypal account used for payment will be debited on the day the Order is dispatched.

For payment via PayPal, the general terms and conditions of use of this third-party service provider PayPal will apply, and can be accessed at the following link: PayPal Terms of Use.

9.3 Payment in three (3) monthly instalments via ALMA (only for invoicing and delivery in Germany, Luxembourg, Italy, Portugal, The Netherlands. 

The Customer may pay for his purchase in three (3) monthly instalments, free of charge, via ALMA, from a purchase price of fifty euros (€50) including delivery charges.

Payment in three (3) free instalments will be proposed to the Customer at the payment choice stage. The Customer will then be redirected to the ALMA server, where he/she will be able to access ALMA's general terms and conditions of use before proceeding with payment by credit card in three (3) instalments.

To benefit from payment in three (3) monthly instalments free of charge via Alma, the Customer must meet the following cumulative conditions:

1. The total amount of the purchase must be between fifty euros (€50) and two thousand euros (€2,000) including delivery charges, and

The Customer must have specified a delivery address in mainland France (including Corsica and Monaco).

1. Make payment by Carte Bleue, Visa or Mastercard (excluding Electron, Maestro, e-CB and pre-paid CB cards),
2. The aforementioned bank card must be valid for at least ninety (90) days following the first expiry date,
3. Acceptance of the general terms and conditions of use of the third-party service provider ALMA, available at the following link: https://almapay.com/fr-FR/legal/conditions-generales-du-paiement-avec-alma

This no-fee three (3) instalment payment solution enables payment of the Order to be spread over three (3) bank debits according to the following schedule:

- 1st instalment: one third (1/3) of the Order Price on the date of purchase, 

- 2nd instalment: one third (1/3) of the Order Price within thirty (30) days of the date of purchase, 

- 3rd instalment: one third (1/3) of the Order Price within sixty (60) days from the date of purchase.

Subscribing to payment in three (3) instalments without charge requires a double-click electronic signature and entails the conclusion of a credit contract lasting less than ninety (90) days, for which the Customer has a withdrawal period of 14 calendar days from the date of conclusion.

Financing is granted by Alma, a simplified joint-stock company with capital of 370,307.87 euros (RCS Nanterre 839 100 575) with registered office at 176 Avenue Charles De Gaulle, 92200 Neuilly-Sur Seine, approved by the ACPR under no. 90786 - Contact: support@getalma.eu

Payment in three (3) free instalments via ALMA is free of charge for the Customer.

ALMA is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction, in accordance with the provisions of articles 1353 et seq. of the French Civil Code.

Any termination of the sales contract, including the GTC governing relations between the Vendor and the Customer, entails termination of the contract, including the GTC between ALMA and the Customer, except for the provisions governing post-contractual relations between the Vendor, the Customer and/or ALMA.

9.4.        Payment by APPLE PAY

The Vendor has also adopted the Apple pay payment system, which enables the holder of an APPLE device to make purchases on the Site by this means, and which is carried out online when the Order is placed.

This solution limits the amount of information that the Customer communicates to the Vendor and guarantees the conformity and security of each transaction.

The APPLE PAY account used for payment will be debited on the day the Order is dispatched.

For payment via Apple Pay, the general terms and conditions of use of this third-party Apple Pay service provider will apply, and can be accessed at the following link:User agreements - ApplePay EN

Only the payments listed above can be used online; gift cards and credit notes issued in-store are not valid on the Site.

9.5 Payment security

In order to protect purchases made on the Site7 days a week, 24 hours a day, the Site uses the online payment service provider Payplug.

By clicking on the credit card payment button, the Customer is directed to the Payplug secure payment site, which applies the SSL security standard (data transmission). During the payment process, the Customer enters his/her credit card number, expiry date and the cryptogram on the back of the card. This data is automatically transmitted in encrypted mode (SSL protocol) to be verified in order to prevent abuse and fraud.

Encrypted bank details disappear automatically once payment is complete, unless the customer has explicitly confirmed that they are to be kept on the Payplug payment site for future use.

By clicking on payment via PayPal, the customer's financial information is never communicated to the Seller. PayPal encrypts and protects the customer's card number once and for all. Customers pay online simply by entering their email address and password.

The Vendor reserves the right to verify the personal data provided by the Customer and to apply any measures deemed necessary, including any request for supporting documents or cancellation of the Order, in order to prevent any fraudulent use of credit card numbers.

Payment by telephone is only possible by credit card.

Conversations involving payment by credit card are not recorded. The customer's credit card details are not stored.

ARTICLE 10. LEGAL WARRANTIES FOR CONFORMITY AND DEFECTS

In the event of defective or non-conforming products, the customer benefits from the legal warranties provided by current legislation: legal warranties of conformity (articles L.217-3 to L.217-14 of the French Consumer Code) and latent defects (articles 1641 to 1648 and 2232 of the French Civil Code).

Consumers have a period of two years from the date of delivery of the goods to invoke the legal warranty of conformity in the event of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty (30) days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the Seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4° The non-conformity of the good persists despite the Seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any Seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

To exercise the legal warranty of conformity or hidden defects, the Customer may return the Product under the conditions set out in article 11.3:

- Either by returning it to one of the BESSON CHAUSSURES stores of the Customer's choice: Click here to find the list of our stores.

- Or by returning it online.

ARTICLE 11. EXCHANGE - CREDIT NOTE - RIGHT OF WITHDRAWAL AND REFUND

11.1 Terms and conditions for exchanges and credit notes

The Customer may return the Product(s) ordered on the Site within thirty (30) days of receipt of the Order, by the Customer or a designated third party.

The customer may return a product by submitting a return request in the customer area.

The customer must select the products to be returned and indicate the reason(s) for the return.

The refund period is 14 days from receipt of the return by Customer Service, based in FRANCE: 

BESSON SHOES
CUSTOMER SERVICE - Returns management
1 rue des frères Montgolfier 
63170 AUBIERE
FRANCE

The return of the Product will trigger the Customer's refund.

In any event, it is the Customer's responsibility to provide proof of return. In this respect, the Customer must retain proof of parcel delivery. If the parcel is lost, no refund will be made without this proof of delivery.

For all returns, the customer must complete the product return form on the Vendor's website, which can be accessed in the customer account tab “my orders and returns”.

Customer Service is available to answer any questions on this subject.

11.2 On-line right of retraction procedures for Product refunds

In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has a statutory period of fourteen (14) calendar days from the day following the date on which the Order is taken possession of by the Customer or any third party other than the carrier, and designated by the Customer, to exercise the right of withdrawal without giving any reasons for doing so.

For the retraction request to be valid, the returned Product(s) must be new, unused, undamaged and returned in their original box with all accessories (labels, instructions, etc.).

The Vendor offers the Customer the possibility of a longer period for the return of the Product(s) in order to benefit from a refund. This period is extended to thirty (30) calendar days from the day after the Order is taken possession of by the Customer or any third party designated by the Customer, other than the carrier, in order to exercise the right of withdrawal.

In the event that the Customer has placed a single Order with separate deliveries for each or a set of Product(s), the withdrawal period will only run from receipt of the Product for which the Customer is requesting withdrawal.

Once this period of thirty (30) days has elapsed, the Customer will no longer be able to exercise his right of withdrawal.

To exercise his right of withdrawal, the Customer must notify the Vendor of his decision to withdraw from his Order by means of an unambiguous statement expressing his wish to withdraw, before the expiry of the aforementioned withdrawal period.

To this end, the Customer may :

- Fill in the model retraction form provided in the Appendix to these GTS and return it by post or electronically to the address indicated,

- Write an unambiguous letter expressing their wish to withdraw from the Order, and send it to :

- by post to the following address: 1 Rue des Frères Montgolfier - 63170 AUBIERE  FRANCE or,

- by e-mail to the following address: service-clients@besson-chaussures.com

- Go to the “Contact” area of the Site, fill in your details in the fields provided and write your request, subject to expressing your wish to withdraw from your Order without ambiguity, in the free text box provided for this purpose.

It should be noted that proof of the exercise of the right of withdrawal rests with the Customer.

The Vendor's Customer Service Department will then inform the Customer who has expressed his/her wish to withdraw, of the procedures for returning the product, i.e. :

- Return to the head office, shipping costs being borne by the Customer in accordance with L. 221-23 of the French Consumer Code. 

The Customer shall return or restitute the Product(s) without undue delay and, at the latest, within fourteen (14) days of communicating his/her decision to withdraw under the aforementioned conditions.

In any event, it is the Customer's responsibility to provide proof of this return. In this respect, the Customer must keep proof of delivery of the parcel. If the parcel is lost, no refund will be made without this proof of delivery.

From the date on which the Vendor receives the Product(s) subject to retraction, the Vendor will refund the Product(s) within fourteen (14) days.

Reimbursement will be made by crediting the Customer's bank account corresponding to the credit card used to pay for the Order, or by crediting the Customer's PayPal account if the Order was paid for via PayPal.

11.3 Return and refund of Products with a lack of conformity or hidden defect.

1. Return by post

The Customer may return a product with a lack of conformity or hidden defect by :

- By post, to the following address

- by post to the following address: 1 Rue des Frères Montgolfier - 63170 AUBIERE FRANCE or,

- by e-mail to the following address: service-clients@besson-chaussures.com

- Go to the “Contact” area of the Site, fill in your details in the fields provided and write your request in the free text box provided.

The Vendor will then send the Customer a prepaid return slip enabling the Product to be returned by post free of charge, together with a return slip which must be duly completed and enclosed in the return parcel.

The Customer shall return or restitute the Product(s), without undue delay and, at the latest, within fourteen (14) days of communicating his/her decision to withdraw under the conditions of article 11.

In any event, it is the Customer's responsibility to provide proof of this return. In this respect, the Customer must retain proof of delivery of the parcel. If the parcel is lost, no refund will be made without this proof of delivery.

From the date on which the Vendor receives the Product(s) subject to retraction, the Vendor will reimburse the Product(s) within fourteen (14) days.

The refund will be made by crediting the Customer's bank account corresponding to the credit card used to pay for the Order, or by crediting the Customer's PayPal account if the Order was paid for via PayPal.

Order was paid for via PayPal.

11.4 The Product(s) returned must be new, unused, undamaged and returned in their original box with all accessories (labels, instructions, etc.).

Any Product returned soiled and/or damaged and/or without its original box and/or without the accessories accompanying the Product (labels, instructions, etc.) will not be accepted for return.

Certain Products, in accordance with article 12.5, will not be taken back if they have been unsealed.

Upon receipt of the parcel, the Vendor will judge the perfect condition of the returned Product(s). No returns will be accepted if the Product(s) returned have been visibly used or damaged by the Customer, such use or damage rendering the Product(s) unfit for sale.

If the return is refused by the Vendor, the Product(s) will then be returned to the Customer at the latter's expense without the latter being able to claim any compensation or right to reimbursement, with the exception of the subsequent exercise of his warranty rights on the Product(s) sold.

11.5 Products not eligible for exchange, refund or right of withdrawal.

In accordance with article L. 221-28 of the French Consumer Code:

“The right of withdrawal cannot be exercised for contracts:

3° Supply of goods made to the consumer's specifications or clearly personalized;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection”.

Thus, the Customer will not be able to request an exchange, refund or exercise his right of withdrawal for the following Product(s):

- Earrings whose packaging has been unsealed and which cannot be returned for reasons of hygiene,

- All unsealed products that cannot be returned for reasons of hygiene, such as cleaning products and insoles.

11.6 Special cases of loyalty points and promotional offers

In the event of a credit note or refund, BESSON CHAUSSURES will deduct from the customer's account the amount of credited points relating to the purchase for which the credit note or refund is requested, it being agreed that the points balance cannot be negative. When the credit note is used, the points will be credited back to the associated customer account.

All invoice discounts are allocated to each Product in proportion to its price.

In the event of a promotional offer and partial return of the Order, the Customer will be reimbursed for the price of the item(s) returned, less the overall discount linked to the promotional offer applied to the total amount of the invoice, calculated pro rata to the price of the Product returned.

For example, the following are considered as promotional offers: “-50% on the 2nd pair”, “-10% additional discount over 3 sale items purchased”, “2 items purchased, the 3rd offered” or “loyalty” advantages.

11.7 Delivery address error

The Customer is required to pay particular attention to the details provided on the Order form, and in particular to the delivery address. If the Customer makes an error in the delivery address, the parcel will be returned by the carrier marked NPAI (“does not live at the address indicated”). In this case, the Customer will be reimbursed for the full amount of the Order at the invoiced price, excluding delivery. Delivery charges remain at the Customer's expense.

In the event of a dispute, it is the Customer's responsibility to prove that there is no error or inaccuracy in the delivery address given.

ARTICLE 12. CUSTOMER SERVICE

The Customer may contact the Vendor's Customer Service Department via :

- The contact form provided on the Site in the “Contact” tab at the bottom of the Site and by filling in the fields of the form provided for this purpose,

- By e-mail to: service-clients@besson-chaussures.com

- By post to the following address: 1 rue des Frères Montgolfier - 63170 AUBIERE FRANCE,

- By telephone on +33 8.06.80.00.04 from Monday to Friday, 9am to 6pm and Saturday 9am to 4pm.

then press 99 during the voice announcement to be put through to an advisor (call deducted from the package or billed at the price of a local call).

ARTICLE 13. PERSONAL DATA AND COOKIE MANAGEMENT

The Vendor undertakes to collect and process the personal data of users of its Site and/or of its Customers in compliance with the regulations in force, namely the “Informatique et Libertés” law of January 6, 1978 as amended by the law of June 20, 2018 relating to the protection of personal data , the Data Protection Directive 95/46/EC and any associated regulations or instruments, as well as any other laws, regulations, regulatory requirements and codes of conduct applicable to data protection or any other legislation, regulations, rules and codes of conduct that transpose or replace the foregoing, including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data, or any applicable regulations on the subject that subsequently supplement or replace them.

The data collected includes the following: surname, first name, telephone number, e-mail address, IP address and payment details.

For more information on the Site's privacy policy relating to the collection and processing of personal data and the management of cookies, the user or customer may consult the following link [privacy policy].

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, delete, limit the processing and portability of your personal data, the right to object to the processing of your personal data and the right to give instructions concerning your personal data after your death.

Any user of the Site and/or Customer may address any request or complaint concerning the management of their personal data, cookies and, more generally, all their rights and obligations in relation to the Vendor's personal data and cookie management policy to its Data Protection Officer (DPO), whose e-mail address is given in the “privacy policy” link.

Site users and/or customers may also contact the Commission Nationale Informatique et Libertés (CNIL) for any requests or complaints for the same purposes, at the following link: www.cnil.fr

ARTICLE 14. INTELLECTUAL PROPERTY RIGHTS

The brand name “BESSON CHAUSSURES” is a registered trademark on which the Seller enjoys exclusive exploitation rights.

The data, and in particular the photographs, visual identities, animated or non-animated images, logos, texts, information, Product sheets, or any other elements whatever their nature, formatting or medium, appearing on the Site, are the property of the Vendor and are protected as such by the provisions of the French Intellectual Property Code.

The Site constitutes a work of which the Vendor is the author within the meaning of articles L. 111-1 et seq. of the French Intellectual Property Code.

Only the Vendor's Site is the official site for the sale of Products. The Vendor is not responsible for and/or does not guarantee the originality of the Products presented, sold or acquired on sites other than https://www.besson-shoes.com/eu_en/

Nor does the mere fact of purchasing Products from the Vendor confer any intellectual property rights or any other equivalent rights on the Customer or third parties.

Consequently, any representation or reproduction, total or partial, permanent or temporary, whatever the medium and/or by whatever process, of any of the elements of the Site, without the prior and express agreement of the Vendor, is forbidden, and constitutes an act of counterfeiting which may lead to civil and/or penal condemnation. Only hard copy printing is authorized for the purposes of private copying for the exclusive use of the copier within the meaning of article L. 122-5 2° of the French Intellectual Property Code.

All users and customers undertake not to use these contents for any reason or by any means whatsoever, and not to allow anyone else to use them for illegal purposes.

The user or Customer also undertakes not to carry out any act that could be qualified as counterfeiting, to register in any way and for any reason whatsoever, and without this list being exhaustive, any trademark, patent, design or model that could be considered as counterfeiting, to use trademarks, patents, designs and models or distinctive signs.

No hypertext link to and/or from the Site may be installed without the Vendor's express prior consent.

All these prohibitions are without limitation of time and valid for the whole world.

ARTICLE 15. FORCE MAJEURE

Pursuant to Article 1218 of the French Civil Code, the Vendor and/or the Customer shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described in these GCS, results from a case of force majeure, as accepted by French law and courts.

A case of force majeure is any event beyond the control of the debtor of the obligation, which could not be reasonably foreseen when the contract was concluded, and the effects of which cannot be avoided by appropriate measures.

In order to invoke a case of force majeure, the party wishing to invoke it must inform the other party without delay and without this information exceeding 30 (thirty) calendar days following the occurrence of this event of force majeure by letter with acknowledgement of receipt or e-mail with proof of receipt to the contact details stipulated at the top of the GTS. The information must be in writing and specify the facts constituting the event, the measures taken to remedy it and whether it is temporary or definitive.

If the impediment is temporary, performance of the obligation is suspended and the debtor undertakes to make every effort to resume performance as soon as possible, unless the resulting delay justifies termination of the contract.

If the impediment is definitive, the parties will be released from their respective obligations.  

ARTICLE 16. LIMITATION OF LIABILITY

16.1 Site availability and navigation

Although the Vendor makes every effort to ensure the integrity and security of the Site, placing an Order implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to 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 Internet network.

It is the responsibility of all persons connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Any person connecting to the Site does so under the full responsibility of the user.

Consequently, the Vendor may not, under any circumstances, be held liable for any direct or indirect damage resulting in particular from an interruption, malfunction, suspension, virus, intrusion, breach or loss of data, arising from the Site, from the site of a third-party service provider used by the Vendor to execute the present contract, or from any other third party whatsoever.

16.2 Damage resulting from the sale of Product(s)

The Vendor is only liable for direct damages arising from the sale of Product(s).

Accordingly, the Vendor shall not be liable for any indirect damage relating in particular to use, delivery date, waiting time, expected profit or loss of sales, or any other consequence of any nature whatsoever which cannot be foreseen at the time of conclusion of the sales contract with the Customer.

ARTICLE 17. RETENTION OF TITLE - TRANSFER OF RISK

The transfer of ownership of the Product(s) to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery or availability of the Product(s).

On the other hand, the transfer of the risks of loss and deterioration of the Product(s) will take place upon receipt of the Product(s) by the Customer.

ARTICLE 18. TELEPHONE OPPOSITION LIST

Pursuant to Article L.223-1 of the French Consumer Code, customers are reminded that if, outside of their relationship with BESSON CHAUSSURES, they generally do not wish to be the subject of commercial prospecting by telephone, they may, free of charge, register with the Bloctel service on the “opposition to telephone canvassing” list: https://www.bloctel.gouv.fr.

ARTICLE 19. LANGUAGE OF THE CGV AND APPLICABLE LAW

The GCS are drawn up in French. Only the French version is authentic, any translation proposed or issued, such as by the search engine or an online service, can only be considered as purely informative by the Customer.

The GCS are governed by French law. However, in accordance with Regulation (EC) no. 593/2008 of June 17, 2008, these GTC do not exempt the Seller from complying with a clause more advantageous to the Customer in application of mandatory provisions in force in the Customer's country of residence, which shall apply.

ARTICLE 20. PARTIAL INVALIDITY

If one or more stipulations of these GTC are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

ARTICLE 21. MEDIATIONAND DISPUTES

Any complaint must be made by the Customer to the Vendor, either to the Customer Service Department at the address given in Article 12 and/or to the address given at the top of this document.

Failing amicable resolution, for any claim, dispute or litigation with the Vendor, the Customer may, in accordance with Articles L.612-1 and R.612-1 et seq. of the French Consumer Code, submit his claim against the Vendor, free of charge, to a mediator who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Besson Chaussures adheres to the Service du Médiateur de la consommation FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows:   Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr.

After consumers have made prior written representations to Besson Chaussures, the Mediation Service may be contacted for any consumer dispute which has not been settled. T

Recourse to any amicable dispute resolution procedure or mediation is not a prerequisite for any legal action before the courts.

Any legal action will fall under the jurisdiction of the French courts.  By way of derogation, and in accordance with Regulation (EC) no. 44/2001 of December 22, 2000, in the case of sales or services performed outside French territory, the Customer may bring the matter before the competent court of the Member State in which he is domiciled.

Terms & conditions updated 09/25/2024