Terms and conditions
The section “ESHOP” dedicated to the online sales is published by the company Antik Batik, a SAS with a share capital of 87 442,60 €, with a registered office located 8, rue du Foin – 75003 Paris – France, registered with the Paris Company and Trade register under no. 377 949 458, with an intra-community VAT no. FR60377949458 (hereinafter “Antik Batik”).
1) General provisions
The General Terms and Conditions of Sale detailed below apply to all orders placed on the website Antik Batik for all products and services offered on the Website. They can be accessed at any time on the Website. Antik Batik reserves the right to adapt or modify the terms and conditions at any time. The version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions. The present Terms and Conditions, and all the transactions relative to the Site, are governed by the French law. Any dispute will be subjected by this fact to the not exclusive competence of the French courts.
2) Website information and access
The website www.antikbatik.com is an ecommerce merchant owned and managed by Antik Batik. The website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day. It is subjected to any interruption, planned or not, by Antik Batik or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “act of god” as recognised by the French courts. Antik Batik is not liable for any damage ocurred by an unavailability of the Website. Benda Bili reserves the right to update the Website, particularly for technical or commercial reasons.
3) The customer
In order to place an order, the client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Antik Batik payment provider. Antik Batik reserves the right to refuse any request or order and to close an account at its sole discretion. Professional resellers can not place any order on the website. Antik Batik collects personal informations about the clients. These informations are necessary to manage orders and can be communicated to the providers who operate in the process of the order. In accordance to the law n°78-17 of January 6th 1978 regarding the software, the files and the freedoms, the client has the right to access to its personal information and to edit and cancel its informations. In order to exercise this right, the client must send an email to : email@example.com.
4) Creating an account
In order to place its first order, the client will have to create an account and fill in a registration form to validate its order and have it delivered by Antik Batik. The subscription of the client on the website is approved by Antik Batik after checking the conformity of the registration form of the client. The information communicated to Antik Batik once the account of the client is created or during each of its orders will have to be complete, timely and accurate. Antik Batik will be able to ask to the client the confirmation (by any mean) of its personal informations and its identity. The Client will receive a confirmation email with a link attached (7 days accessible) to validate its account. The Client is the only one responsible for its password , its IDs and email address. For any identity fraud, the Client will have to inform Antik batik. Antik Batik reserves the right to close the account of any client whose purchase activity reveals some payment default or an abusive and fraudulent use of the CGV.
5) The products
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Antik Batik takes the greatest care in the presentation and description of the products in order to provide the customer with the best possible information in the limit of the technique and the respect of the market standards. However, some non-substantial errors may appear on the Website, which the customer acknowledges. If the products ordered are not available anymore, Antik Batik will contact the client by email as soon as possible and will refund the amount of the product paid on its credit card. Antik Batik reserves the right to change, edit or remove some products of the website. In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the Antik Batik guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
6) Order products
Acceptance of an order placed on the Website is subjected to compliance with the procedure put in place by Antik Batik, expressed by a succession of different stages that the client shall follow in order to validate their order. Antik Batik has the right to refuse any order which exceeds the number of product authorized : 10 products. Also, for each product, there is a limit of two identical products ordered. Before validating the order, the client can check at any time the content of its “shopping basket” and remove the products added. The shopping basket summarizes the products selected by the client, as well as its price and shipping costs, excluding customs and other taxes. Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by Antik Batik. For this purpose, the customer formally accepts the use of email for receiving confirmation of the contents of their order from Antik Batik. These electronic emails summarize the informations communicated by the client, the detailed orders, the difficulties encountered during the placement of your order. The client will receive during the delivery of each of its product a written confirmation of the price paid and the shipping costs. We advise to the client to keep a copy (electronic format and/or printed format) the elements related to its order (for example, the electronic confirmation emails addressed by Antik Batik).
7) Order refusal
Antik Batik has the right to refuse any order placed by a client with who may exist a litigation relating to the payment of a previous order as well as any order non-compliant to the the terms and conditions. As a consequence, Antik Batik will contact the client by phone or by email about the situation. If the client doesn’t correct the wrong items, Antik batik has the right to decide to not deal with the order.
8) Prices and terms of payment
All the prices are indicated in euros for the store “FR” for a shipping in France, Corsica and Monaco and for the “EU” store for the european countries and Switzerland (Campione d’Italia, Livigno, Lugano, San marin, Cité du Vatican, Ceuta, Melilla, Canaries, Teneriffe, Iles Féroé, Groenland, Mont Athos, Ile de Helgoland, Busingen, Iles Aland excepted).The indicated prices on the store “FR”and “EU” include the VAT without the delivery costs. The indicated prices on the store “US” and “INT” are in american dollars for any delivery in the rest of the world. For the customers living outside the european union, it is specified that the prices will be calculated including the VAT governing in France but without the custom fees. Antik Batik can’t communicate to the customers an exact information on the total amount of the additional fees regarding the custom fees and imported taxes applicable in the country where the delivery is requested. The payment of these fees are necessary for the product to come in the delivery territory. They are payable by the client who accepts to pay them. This information regarding the additional fees will be indicated for each order which delivery address concerns a country outside the european union.
We try to guarantee the correctness of the prices on the site. A mistake can occur and the prices of some products can be wrong. If the correct price of a product is less than the one of the product of the site, you will pay the amount the lowest and we will send the product to you. If the correct price of a product is higher than the one indicated on the site, we will ask you if you want to maintain the order to the correct price or if you want to cancel it. We shall not be obligated to send you the products which prices are incorrect. Antik Batik reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The payment of the total price of the products and the delivery fees is made when the payment of the order is made by credit card (Carte Bleu, Visa and Mastercard) or via Paypal. The payments by cheque are not accepted. The customer must be the owner of the credit card. He has access to a dedicated space provided by a banking institution which will ensure of the security and the record of the payment order. The customer is informed that, in order to fight against the fraud on internet, a control will be made alongside the banking institutions and organisations, questioned via the system of the company OGONE S.A. This company is responsible for the storage and the automated treatment of the relative informations of each order (including the banking personal informations in a secure environment). The occurrence of an unpaid on the basis of a fraudulent use of a credit card will involve the inscription of the personal datas on a file “payment incident”. If the payment is not accepted, the order will not be save by Antik Batik. Antik Batik has the right to cancel an order when the IP address of the client corresponds to an address located in a different country. The client is informed by email as soon as the payment of its order is finished. The client will be able to check its invoice in the confirmation email of its order and in the section”My account”.
The delivery is made by Antik batik at the shipping address indicated by the customer which must be the residential address of the customer or of any physical person of its choice. The delivery can not be done in hotels or at Postal office. The delivery fees applicable to the order are mentioned on the website during the placement of the order and written in the “Delivery and returns section”. The delivery are covered by Colissimo and by TNT from Monday to Saturday depending on the choice of delivery made by the client during the order. Antik batik delivers packages in 3 to 5 business days maximum and in Europe from the day of the payment of the order. For non european territories, the delivery is made in a maximum 8 business days. Note that a business day corresponds to a day for which the bank are open, saturday and sunday excepted. Antik Batik will not be responsible by a delay of an order which is caused by an act of god. If the delivery delay has exceeded, the client can request the cancellation of the sales and get a refund of the amount paid during the payment of the order on the website. In order to respect the delays, the customer will have to be ensured that he had communicate the exact and complete informations concerning the delivery address (street, building and stairs number, access code, name and/or intercom number). Incorrect informations risk to interrupt the delivery of your package and add some further delays and maybe a second expedition.
The transfer of ownership of the products is made at the delivery date of the products at the address indicated. As soon as you have received the product, you will handle all the risks and damages or loss of the product. If there is a defect to the package (damaged package, opened package, liquid spots, etc …), the customer or the recipient of the products ordered can’t open the package but has to bring it back not opened in a maximum 5 business days in a Post office and establishing a “report of spoliation”. The opening of the package excludes any appeal of the Post service. The customer is also invited to contact Antik Batik to report the problem via the customer service firstname.lastname@example.org. A signature will be asked if the client chose the delivery with TNT. If the delivery is not possible, Antik Batik will endeavour to drop the package in a secure place. If it is not possible, the product will be send back to the warehouse Antik Batik. Antik Batik will drop at the address transmitted during the order, a delivery notification which will indicate the location where the package will be kept with the new procedure for the new delivery. If the address is incorrect or if it’s not possible to pick up the package at the pick-up & go location, the customer can contact the customer service Antik Batik in order to set up a new delivery.
The refund of the orders made through Paypal may be charged by a commission restraint by Paypal and defined in the conditions of use of Paypal. The products shall be returned to Antik Batik within 14 days from the day of the Delivery. After 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels, brand new, without having used it or washed it. If you want to make a return, the client has to contact Antik Batik on the section “My account”, then “My orders”, the,, “Return my order”. The customer will choose between getting a refund or exchanging a product (same product in a different size). The customer can contact the customer service by email : email@example.com for any further information. The make a return or an exchange, the customer has to follow the procedure in the section “Exchanges, returns and refunds”. The products have to be send back in perfect state, unused and complete (tags, accessories, notice,...). A completed return voucher must be attached. Send the return parcel at the following address : Antik Batik, Le Peripole, Cellule 207A, 33 Avenue du Maréchal de Lattre de Tassigny, 94120 Fontenay Sous Bois (France). The incomplete, damaged, dirty products will not be refund or exchange. The cost of return and the risks related are borne by the customer. As a consequence, Antik Batik advises the customer to use a service which offers tracking and testifying the date of dispatch. The refund of the total amount of the order will be made once Antik Batik has received the product on time. Except if the customer wanted an exchange of the product for another size, the refund of the price of the products returned will be made on the bank account used during the payment of the order, in the next 14 days. However, if the return concerns only a part of the order, Antik batik will not refund the delivery fees. If you would like to return your product for a different one (different color, model, etc.), you will have to get refund first and then order your new item.
The client has to be sure that the product received corresponds to the one ordered on Antik Batik. If the product is not the same, in the section “My account”, then “My orders”, then “Return my order”, he must notice to Antik Batik the non-compliancy and return the complete product in perfect state (accessories, tags, guarantee, notice…) at the following address : Antik Batik, Le Peripole, Cellule 207A, 33 Avenue du Maréchal de Lattre de Tassigny, 94120 Fontenay Sous Bois(France). The customer can also contact the customer service by email : firstname.lastname@example.org for any further information. For the non-compliant products delivered at Antik batik at a delivery address outside the European union, the customer is committed to indicate, by any use, to the customs authority that the package corresponds to a return of the non-compliant products. If it is not possible to make an exchange of the products, the total price of the order and the total costs of return will be refund in the next 14 days following the reception of the return request to Antik Batik.
Regardless of any specific warranty terms extended to customers with the product delivered, all Antik Batik products sold on the Site are subject to the following statutory warranties:
Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.”
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model; have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code: “Legal action based on non-compliance is time-barred two years after the delivery of the product.” Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which the purchaser is entitled under the law.” Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”. Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.”
12) Act of God
Antik Batik cannot be considered responsible for any delay or for any failure in the execution of our obligations stemming from present General Conditions, if this delay or this failure is attributable in a cause independent from our will. The following cases are considered as act of god : strikes, boycotts, company closures, commercial disputes, declared or undeclared war, natural disasters, blockage of private or public transport networks, telecommunication blockage, epidemic, governmental or legal restrictions, legal or regulatory changes in marketing or any cas independent from the willingness of the parties which stops the normal execution of the contractual relation. Antik Batik is only responsible for any direct and foreseeable during the use of the website or during the conclusion of the sales contract of the customer. .
13) Commercial offers and newsletters
Antik Batik has the authorization to address commercial offers by email, text message to the customers and animated space on the web which are all subjected to the prior consent by the customer. The customer can refuse to receive the commercial offers at any time by clicking on “Unsubscribe” at the end of each newsletter.
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