Terms of sale

Reference No. CGV202406001

Effective Date:  April 1, 2025

We welcome you to the website https://www.barbaraparis.fr (the "Website").

Please read these General Terms and Conditions of Sale carefully before ordering products online from the Website. By making a purchase order on the Website, you agree to these Terms and Conditions of Sale, the Privacy Policy, Cookies, and Legal Notices.

 

1. Scope of Application –T&Cs

The purpose of these general terms and conditions of sale is to determine the terms and conditions of sale and use applicable exclusively between Barbara Paris, the company managing this e-commerce website, a simplified joint-stock company (société par actions simplifiée), incorporated under the laws of France, having its registered office at the following address: lot 41, 66 avenue des Champs-Élysées, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 914 263 223 (hereinafter "We" or "Barbara Paris"), and any non-professional natural person acting for purposes outside their commercial, industrial, craft, liberal, or agricultural, non-commercial activity, who is a consumer, is over 18 years of age, and has full legal capacity (hereinafter "Buyer" or "Customer"), for the purposes of selling and ordering goods and services on the website https://www.barbaraparis.fr.

Barbara Paris is a company incorporated under the laws of France, represented by Son Young Seop in his capacity of President. Its registered office is located at lot 41, 66 avenue des Champs-Élysées, 75008 Paris, France. Its intra-community VAT number is: FR27914263223. Its Unique Identification Number (UIN) is: FR394840_11ORLJ

Any Buyer can consult our general terms and conditions of sale published online (hereinafter "T&Cs"), and freely read them on the website https://www.barbaraparis.fr (hereinafter "Website").

These general terms and conditions of sale are subject to the laws of France and may be subject to subsequent amendments by Barbara Paris. The applicable general terms and conditions of sale are those in effect on the Website on the date you place your online order.

For your information, the latest version in force is CGV202406001.

 

Barbara Paris posts on the Website the content, in particular photographs and information, relating to the products and services proposed that the Buyer can select and order ("Products"). Barbara Paris specifies in particular that the conditions for managing the order, payment, shipping and return of the ordered Products are chosen by the Customer.

 

The products offered for sale on this site are as follows: Women's lingerie and accessories.

 

These general terms and conditions of sale apply to all sales and orders on the Website from Barbara Paris, with the exception of those which apply to sales in stores or through all other distribution and marketing channels.

The general conditions of sale are accessible at any time on the Website and prevail over other versions or other contradictory documents.

The Customer declares and acknowledges having read these general terms and conditions of sale and having accepted them by ticking the box provided for this purpose before carrying out the online ordering process and these general terms and conditions of use of the Website.

As these general terms and conditions of sale may be amended and revised subsequently by Barbara Paris, the version applicable to the Customer's purchase is the version published on the Website on the date of the order placed by the Customer. Unless proven otherwise, the data recorded in the seller's computer system, or those of its service providers, will be considered as proof of all transactions concluded with the Customer.

The general terms and conditions of sale, if their version is in force, are binding on users of the Website from the date of their publication and posting online.

Confirmation of the customer's order constitutes acceptance without restriction or reservation of these general terms and conditions of sale. The Customer declares and acknowledges that he/she has the legal capacity to enter into a contract and purchase the products proposed on the website https://www.barbaraparis.fr.  

Barbara Paris, in its capacity as seller, reserves the right to modify these T&Cs, as well as the attached documents, at any time by publishing a new version on the Website.

The previous T&Cs are permanently accessible at the following address: https://www.barbaraparis.fr. They are available in printable and/or downloadable electronic format, allowing customers to reproduce or retain, and guaranteeing the integrity of these Terms and Conditions.

The T&Cs are written in English. All documents transmitted during an order and sent to customers, including the invoice and, where applicable, the return form, form a whole contractual that constitutes an electronic document with the same probative value as a paper document.

Please note that the purchase of a product on the Website is reserved for non-commercial individuals over the age of 18 who have full legal capacity in accordance with the applicable laws according to their nationality.

This Website does not authorize the purchase of products for resale.

 

2. "Magic" Formulas

On the website https://www.barbaraparis.fr, the Customer must choose the Product they wish to order as follows:

Product selection > add to cart > proceed to checkout > login/account creation > choose delivery address > choose delivery method > accept the T&Cs > final cart summary > choose payment method > pay by credit card/enter bank details or pay by bank transfer > confirm order > send order to the Customer.

The main characteristics of the Product, in particular the specifications, drawings, and information regarding its dimensions or capacity, are displayed on the Website.

The Customer must read and understand them carefully before placing an order. The selection and purchase of the Product are entirely the Customer's responsibility.

The photographs, content, and graphics presented on the website https://www.barbaraparis.fr are not contractually binding and do not engage the seller's liability. Customers should carefully read and understand the description given to each product by the seller to know the essential properties and characteristics of each product.

Here are the seller's contact details:

Barbara Paris

By email: lingerie@barbaraparis.fr

By post: barbara paris, N.201 (2nd floor), 1 Impasse Reille, 75014 Paris, France

 

The product offer is valid as long as it is displayed on the Website while stock is available.

The sale is considered complete and final only after the seller has sent to the Buyer the confirmation of acceptation of the order by email, and after the Buyer has paid the full sale price specified at the time of the order, provided that the seller has received the full sale price.

It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website https://www.barbaraparis.fr constitutes the contract concluded at a distance between the customer and the seller. Customers can track the progress of their order on the website https://www.barbaraparis.fr, from through personal account.

 

 3. Price

Products are supplied at the current prices listed on the website https://www.barbaraparis.fr at the time the seller places the order. The price of the items is expressed in euros (€) and inclusive of all taxes, unless expressly provided otherwise when the Customer places the order.

Prices are valid  in France (mainland France and Corsica), in Belgium, in Germany, and in Italy. Prices take into account all discounts granted by the seller on the website https://www.barbaraparis.fr. This price is not final and may be modified during the validity period indicated on this website, and the seller reserves the right to modify the price at any time outside this validity period.

The prices on the website https://www.barbaraparis.fr do not include processing, shipping, transport and delivery charges, which may be calculated and charged in addition when ordering your products. The Customer agrees to pay the total amount of the purchase price and charges, which will be requested once the customer confirms acceptance of the order.

An invoice will be drawn up in accordance with the laws of France by the seller and given to the Customer upon delivery of the products ordered to the address indicated by the latter.

 

 4. Payment Terms

The price is payable in full in cash on the day the Customer places the order, via secure payment methods, using Visa, MasterCard, and PayPal (or by bank transfer).

The seller is not obliged to ship the products ordered by the customer if the latter fails to make full payment of the price and charges in accordance with the terms and conditions indicated above. Payment made or ordered by the customer is considered complete and final only if the seller has actually collected the due amount.

In the event of fraudulent use of a credit card on the website, the customer must contact Barbara Paris and inform the latter by email at lingerie@barbaraparis.fr.

The seller also reserves the right to suspend or cancel delivery of the current order placed by the customer in the event of non-compliance with the payment conditions indicated above.

 

5. Delivery

The products ordered by the customer will be delivered to the address provided by the latter when placing the order.

For the purposes of this article, the order shipment date means the date on which the seller hands over the ordered products to the carriers or freight forwarders who will physically take possession of these products. Delivery consists of transferring physical ownership or control of the product to the customer. Except in special cases or in the event that one or more products are unavailable, the ordered products will be delivered in a single shipment. The seller undertakes to do its best to ensure delivery of the products ordered by the customer within the timeframes indicated above.

However, these delivery times are provided for informational purposes only. Nevertheless, if the ordered product is not delivered within 30 days of the stated delivery date for any reason other than force majeure as provided for in paragraph 1 of Article 1218 of French Civil Code or customer behavior, the sale may be canceled upon written request by the customer in accordance with the provisions of Articles L. 216-1 et seq. of the French Consumer Code.

 

Any error in the delivery address provided by the Buyer shall be the Buyer's responsibility, and the Buyer shall bear all resulting consequences. Barbara Paris shall not be liable under any circumstances in the event of a package delivered to an address incorrectly provided by the Buyer.

 

For delivery to France (mainland France and Corsica) by Colssimo La Poste, the delivery charge will be  7 euros. Shipping will be free for the amount of purchases greater than or equal to 100 euros.  In case of delivery to Belgium, Germany and Italy, this charge will be 10 euros. Shipping will be free for the amount of purchases greater than or equal to 150 euros.

 

Any amounts paid by the customer will be refunded no later than fourteen (14) days following the end of the contract, with the exception of compensation or withholding tax. In the event of cancellation of your order, delivery will remain free if the amount of the order remains greater than or equal to 100 euros for France (in mainland France and Corsica) or greater than or equal to 150 euros for Belgium, Germany, Italy, and your order does not contain any discounted products. Deliveries are made to the address provided by the carrier when ordering and easily accessible by the carrier.

 

If the customer makes a specific request regarding the packaging or transport conditions of the ordered product and the seller accepts it in writing, the associated costs will be subject to a specific additional invoice based on a quote previously accepted by the customer.

 

The customer is responsible for verifying the condition of the delivered products. Within 14 days of the delivery date, you may submit a written reservation or complaint (by mail or email) regarding non-conformity or apparent defects in the delivered products, accompanied by all relevant supporting documents (e.g., photographs) for any obvious inadequacy or defect in a delivered product. If this deadline is not met and no reservations or complaints are received by the seller, the delivered products will be deemed compliant and free from any defects or visible defects. Consequently, the seller cannot validly accept any late reservations or complaints.

 

The seller undertakes to refund or replace the delivered products as soon as possible, at its expense, if it is established that the products are affected by a lack of conformity, an apparent defect, or a hidden defect, under the conditions set out in Articles 1641 to 1649 of the French Civil Code and these General Terms and Conditions of Sale.

 

6. Conditions of Purchase - Transfer of Ownership - Transfer of Risks

The transfer of ownership of the product from the seller to the customer is subject to the purchaser paying the full price, regardless of the product's delivery date. Regardless of the date of transfer of ownership of the product, the transfer of risks, including those of loss and deterioration, only occurs when the customer takes physical possession of the product.

 

7. Right of Withdrawal

In accordance with applicable laws in force, if the product is returned in its original packaging and in perfect condition within thirty (30) days of receipt, the customer may exercise their right of withdrawal without having to provide a valid reason or pay a penalty for an exchange or refund, provided that the ordered products are returned to the seller in their original packaging and in perfect condition no later than fourteen (14) days from the notification of the exercise of the right of withdrawal to the seller.

Returns must be made in their original condition (packaging, accessories, instructions, etc.) with the purchase invoice, to be resold as new. No damaged, deteriorated, soiled, or incomplete products will be accepted by the seller.

If you wish to withdraw, please send an email to customer service at lingerie@barbara.fr indicating the information below.

 

I hereby notify you that I am withdrawing from the sale of the products corresponding to order number ___________________________________________________________.

I ordered on _________________ and received on _________________.

Full Name:

Mailing Address:

Date and Signature:

 

The seller will immediately send the customer an acknowledgment of receipt on a durable support. Any other statement/declaration from the customer must be clear and unambiguous, expressing their intention to withdraw.

Furthermore, in the event of withdrawal, the Customer agrees to return in perfect condition the gift that Barbara Paris had delivered with the online order, as this gift is ancillary to the main product ordered by the Customer.

If you exercise your right of withdrawal within the above period, a refund will be issued after deducting the return shipping costs from the price of the purchased product.

Return shipping costs are the customer's responsibility. The amount corresponding to the purchase price actually paid by the Customer plus the delivery costs will be refunded. The refund is made within fourteen (14) days following receipt by the seller of the product returned by the customer under the conditions indicated in this document.

 

8. Seller's Liability

The products sold on the website https://www.barbaraparis.fr comply with the applicable laws and regulations in force and are suitable for non-professional use.

The products supplied by Barbara Paris are covered by the legal guarantee of conformity and the guarantee against hidden defects, particularly for defects affecting the delivered products and rendering them unfit for use, in accordance with the provisions of Articles 1641 to 1649 of the French Civil Code.

To assert their rights, the customer must inform the seller in writing within a maximum of fourteen (14) days after delivery of the product, and within a maximum of seven days from the discovery of the product defect or the existence of a hidden defect.

The seller undertakes to refund, replace, or repair the product or part under the legal guarantees for consumers.

Shipping costs are reimbursed based on the invoiced rates, and return costs are reimbursed upon presentation of supporting documents. Refunds for products deemed non-compliant with regulations or defective will be made as quickly as possible and no later than fourteen (14) days from the date the seller discovered a lack of conformity or a hidden defect.

Refunds will be made using the payment method chosen when ordering.

The buyer will be refunded the price of the returned product and the delivery costs (in the case of a complete return only) within fourteen (14) days from the date the returned item is received.

 

Barbara Paris is not required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by Barbara Paris.

In keeping with Barbara Paris's commitment to the sustainability of our products, the protection of our environment, and the fight against pollution, Barbara Paris contemplates to introduce its new "Rework and Repair" service.

The seller is not responsible for any failure by the customer to comply with the laws of the country from which the products are delivered. It is the customer's responsibility to verify the laws of that country. The seller cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance, normal wear and tear of the product, accident, or force majeure.

 

The seller's legal guarantee is limited in any cases to the replacement or reimbursement of products which are not compliant or which are affected by a defect or hidden defect.

 

9. Data protection

Pursuant to Law 78-17 of January 6, 1978, it is important to remember that the personal data requested from customers is particularly necessary for processing the order, executing the contract, and issuing the invoice. This data may be transmitted to the seller's partners responsible for executing, processing, managing, and paying for the order.

Under applicable national and European regulations, the customer has the right to access, modify, rectify, and object to information concerning them. This right may be exercised under the terms and conditions indicated on the website https://www.barbaraparis.fr and under the conditions mentioned in the provisions of Regulation (EU) 2016/679 of April 27, 2016.

 

10. Intellectual Property

Barbara Paris owns all property rights to the Site and its components and holds the rights and licenses necessary for its operation.

All intellectual property rights and derivative rights pertain to the concepts, editorial content, videos, and software used and/or distributed on the Site. No provision of these general terms and conditions of sale may be interpreted as granting the customer any rights whatsoever to the names, company names, signs, trademarks, abbreviations, logos, content, and other distinctive signs of Barbara and Barbara Paris, or in particular, literary and artistic rights. No trademark license has been granted by Barbara Paris to the customer or to visitors to the Site.

Any reproduction, modification, transmission, or exploitation of all or part of the Site is prohibited without the prior written consent of Barbara Paris.

 

11. Dispute Resolution

These General Terms and Conditions of Sale are subject to French law, with the exception of its provisions regarding conflicts of law. They are written in English. If translated into one or more foreign languages, only the French and/or English version shall prevail in the event of a dispute. In the event of any inconsistency or discrepancy between the English and French versions, only the French text shall prevail in the event of a dispute.

In the event of a dispute, customers are informed that they may use alternative dispute resolution methods (e.g., conciliation). If a solution is not found within fifteen (15) days, all disputes concerning the existence, validity, interpretation, and execution of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the competent French courts.

If you are a consumer, you may bring an action to assert your consumer rights before the French courts or before the courts of an European Union country in which you reside. If you are a consumer and your habitual residence is located in a country of the European Union, you also benefit from rights protecting you under the mandatory provisions of the law applicable in your country of residence.

 

Mediation

Barbara Paris makes your satisfaction one of our priorities. In the event of a disagreement, and after contacting our customer service, we offer you the option of consulting a mediator whose mission is to help the parties reach an amicable agreement.

In accordance with the provisions of Articles L. 611-1 to L. 616-3 and R. 612-1 to R. 616-2 of the French Consumer Code, regarding the amicable settlement of disputes, Barbara Paris adheres to the mediation service of the Consumer Mediation Center of Justice Conciliators (CM2C), whose contact information is as follows: 14 rue Saint-Jean, 75017 Paris, France.

 

After a preliminary written approach to the professional, you can contact the CM2C, online, by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php and completing the form accompanied by supporting documents, or by mail to the postal address: 14 rue Saint-Jean, 75017 Paris, France, or by e-mail to the address: cm2c@cm2c.net.

 

12. Contact - Customer Service

For any questions, please email the following address: lingerie@barbaraparis.fr.

Our customer service team is at your disposal. We will respond as soon as possible.

The entire Barbara Paris team thanks you for using our website.

 

13. Compliance - Warranty

The Customer must ensure that the products delivered correspond to the online order.

Barbara Paris products are subject to the warranty conditions provided for by law. Except for express exceptions concerning certain products, the Seller does not provide any commercial warranty within the meaning of Article L. 217-21 of the French Consumer Code.

13.1 As part of the legal guarantee of conformity and in accordance with the Consumer Code, if you reside in France, Belgium, Germany, Italy, you have, in addition to the guarantees under the provisions of the applicable laws in your country of habitual residence, the following guarantees:

Article L. 217-3 of the Consumer Code:

The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

He is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or when the contract does not determine the duration of the supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within two years of delivery of the goods;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.

For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same periods, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

 

Article L. 217-4 of the Consumer Code:

The good complies with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L. 217-5 of the Consumer Code:

 

I.- In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

 

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on his behalf, including in advertising or on labeling.

 

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

 

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That the public statements could not have had any influence on the purchasing decision.

 

III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

 

Article L. 217-7 of the Consumer Code:

Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

 

1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

13.2 Within the framework of the legal guarantee of hidden defects and in accordance with the Civil Code, the Buyer has the following guarantees:

 

Article 1641 of Civil Code:

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1645 of Civil Code:

If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.

Article 1646 of Civil Code:

If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

For any inquiries regarding legal warranties, the Buyer may contact:

Barbara Paris, N.201 (2nd floor), 1 Impasse Reille, 75014 Paris, France

 

14. Limitation of Liability

Barbara Paris is only liable for damages that were or were to be provided for at the time the contract was entered into, except when the contractual breach is due to gross negligence or willful misconduct.

Barbara Paris shall not be held liable for the contractual breach due to force majeure, the actions of the consumer, the unforeseeable and insurmountable actions of a third party to the contract, or unforeseeable circumstances.

Barbara Paris shall not be held liable for any indirect damage resulting from the purchase of products on the Website, nor for any activity by the Customer on their personal account since its creation.

Barbara Paris declines all liability for any interruption of the Website, for any occurrence of bugs, for any damage resulting from fraudulent intrusion by a third party resulting in a modification of the information made available on the Website, for non-substantial errors relating to products, for the inability to contact WEB Customer Service and/or access the Website.

Barbara Paris shall not be held liable to any member or third party for any indirect damage, loss of business, profit, or turnover, arising in any way whatsoever, even if such damage, loss, or harm was foreseeable by Barbara Paris at the time the contract was entered into, or if its possibility had been brought to its attention.

 

Effective date: April 1, 2025.

Copyright © 2024 Barbara Paris. All rights reserved.