Conditions d’utilisation
Voici les CGV (Terms of Service) pour bienmarcher, alignés avec la legal notice déjà rédigée.
Terms of Service — bienmarcher
Last updated: [Date]
1. Introduction
Welcome to bienmarcher (the "Website"). These Terms of Service ("Terms") govern your access to and use of the Website www.bienmarcher.com and the purchase of products offered through it.
The Website is operated by Next Closing Media LTD, a company incorporated in England and Wales under company registration number 16540178, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (referred to herein as "we", "us", "our", or "the Company").
By accessing the Website, browsing its content, or placing an order, you ("Customer", "you", "your") acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, please do not use the Website.
2. Eligibility
To place an order, you must be at least 18 years old and legally capable of entering into a binding contract under the laws of your country of residence. By placing an order, you represent and warrant that you meet these conditions.
3. Products
We sell footwear and related accessories. All products displayed on the Website are subject to availability. We reserve the right to modify, discontinue, or limit the availability of any product at any time, without prior notice.
Product images, descriptions, and specifications are provided for informational purposes. Despite our best efforts to ensure accuracy, slight variations in color, dimensions, materials, or appearance may occur due to screen settings, manufacturing tolerances, or product updates. Such variations do not constitute grounds for refusal of delivery or refund.
Sizes are indicated according to the size chart published on the Website. We recommend consulting this chart carefully before ordering, as size perception may vary from one brand to another.
4. Pricing
4.1 Destination-based pricing
Prices displayed on the Website may vary depending on the delivery destination. The price applicable to your order is the one displayed at checkout, after you have selected your shipping country. This price reflects:
- the base product price;
- applicable shipping costs;
- any taxes, duties, or fees that we are required or have chosen to include for the selected destination.
4.2 Currency and changes
Prices are displayed in the currency selected at checkout. Exchange rates, where applicable, are indicative and the final amount charged may vary slightly depending on your payment provider.
We reserve the right to modify our prices at any time. The price applicable to an order is the one in effect at the moment the order is confirmed.
4.3 Taxes and import duties
Depending on your delivery country, your order may be subject to additional import duties, taxes, customs fees, or local charges imposed by the destination country's authorities. Unless explicitly stated as included at checkout, these charges are the sole responsibility of the Customer and are not included in the displayed price.
We strongly encourage Customers to check with their local customs office before placing an order.
5. Orders
5.1 Order placement
To place an order, you must follow the checkout process on the Website, provide accurate billing and shipping information, select a payment method, and confirm your order.
5.2 Order confirmation and acceptance
After you submit an order, you will receive an automatic confirmation email acknowledging receipt. This acknowledgment does not constitute acceptance of your order.
The contract of sale is formed only when we send you a separate dispatch confirmation email indicating that your product has been shipped.
5.3 Right to refuse orders
We reserve the right to refuse, cancel, or limit any order at our discretion, including in cases of suspected fraud, errors in pricing or product information, unavailability of stock, shipping restrictions to the destination country, or violation of these Terms. In such cases, any payment received will be refunded.
6. Payment
6.1 Accepted payment methods
We accept payment by:
- credit / debit card;
- Apple Pay;
- Google Pay.
Additional methods may be added or removed at any time without notice.
6.2 Payment processing
Payments are processed through secure third-party payment providers. We do not store full card details on our servers. By submitting payment information, you authorize us (and our payment providers) to charge the total amount of your order, including shipping and applicable taxes.
6.3 Payment failure
If a payment is declined or reversed for any reason, the order will not be processed and we reserve the right to cancel it.
7. Shipping and Delivery
7.1 Worldwide delivery
We deliver worldwide, subject to certain restrictions. Some destinations may be temporarily or permanently excluded from delivery due to legal, logistical, or carrier-related reasons. Available destinations are those listed at checkout.
7.2 Delivery times
Estimated delivery times are indicated at checkout and depend on the destination, the carrier, and customs clearance. These times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our reasonable control (force majeure, strikes, natural events, public holidays, etc.).
Detailed shipping conditions are set out in our Shipping Policy, which forms an integral part of these Terms.
7.3 Risk and title
Risk of loss and damage to the products passes to the Customer upon delivery to the address provided. Title to the products passes to the Customer once full payment has been received.
7.4 Incorrect address or non-collection
The Customer is responsible for providing a complete and accurate delivery address. We are not liable for delays, lost shipments, or additional costs resulting from incorrect or incomplete address information. If a parcel is returned to us due to non-collection, refusal of delivery, or incorrect address, additional shipping fees may apply for re-delivery, and any return costs will be deducted from any refund issued.
8. Right of Withdrawal, Returns, and Refunds
8.1 Right of withdrawal — 14 days
In accordance with applicable consumer protection laws, you may withdraw from your purchase within 14 calendar daysof receipt of the product, without justification.
To exercise this right, you must notify us in writing at contact@bienmarcher.com before the deadline expires and return the products in their original condition, unused, with all original packaging and accessories.
8.2 Return conditions
Products must be returned:
- unused, unworn, and in their original condition;
- with all original packaging (shoebox included, undamaged), tags, accessories, and protective elements;
- accompanied by proof of purchase.
We reserve the right to refuse refunds for products that show signs of use, wear, damage caused by the Customer, or missing items.
8.3 Return shipping costs and refunds
Return shipping costs are the responsibility of the Customer, except where the product is defective, damaged on arrival, or does not conform to the order.
Approved refunds will be issued to the original payment method within 14 calendar days following our acceptance of the return after inspection.
Detailed return conditions are set out in our Return Policy, which forms an integral part of these Terms.
8.4 Defective or non-conforming products
If you receive a defective or non-conforming product, please contact us at contact@bienmarcher.com within 14 days of receipt, with photographs and a description of the issue. We will arrange repair, replacement, or refund as appropriate, in accordance with applicable consumer protection laws.
9. Statutory Consumer Rights
Nothing in these Terms affects the mandatory statutory rights of consumers under applicable law, including:
- for customers in the United Kingdom: rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
- for customers in the European Union: rights under Directive 2011/83/EU on consumer rights;
- for customers outside the UK and EU: any mandatory consumer protection rights granted under the laws of your country of residence.
Where local law provides more favorable protection than these Terms, those statutory rights shall prevail.
10. Intellectual Property
All content on the Website, including but not limited to text, images, logos, graphics, product designs, trademarks, and the name "bienmarcher", is the property of Next Closing Media LTD or its licensors and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or use any part of the Website or its content for commercial purposes without our prior written consent.
11. User Conduct
When using the Website, you agree not to:
- violate any applicable law or regulation;
- use the Website in a fraudulent or abusive manner;
- attempt to gain unauthorized access to any part of the Website or its systems;
- introduce malicious code, viruses, or any harmful technology;
- scrape, copy, or extract content for commercial purposes without authorization.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Next Closing Media LTD shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with the use of the Website or any product purchased through it.
Our total liability for any direct damages arising from a product purchase shall not exceed the amount actually paid by the Customer for the product giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited by applicable law, including in respect of death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded under the Consumer Rights Act 2015 or other applicable consumer protection laws.
13. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms when such failure results from events beyond our reasonable control, including natural disasters, acts of war, terrorism, civil unrest, government actions, pandemics, transportation disruptions, or carrier failures.
14. Privacy and Cookies
The processing of your personal data is governed by our Privacy Policy and our Cookies Policy, in compliance with the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR). These policies form an integral part of these Terms.
15. Modifications to the Terms
We reserve the right to modify these Terms at any time. The updated version will be published on the Website with a revised "Last updated" date. The Terms in effect at the time of your order shall govern that order.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England and Wales, without prejudice to mandatory consumer protection rights granted to you under the laws of your country of residence.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall continue in full force and effect.
18. Contact
For any question regarding these Terms or your order:
Next Closing Media LTD Trading as bienmarcher Registered address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Company registration number: 16540178 Email: contact@bienmarcher.com Website: www.bienmarcher.com