Introductory Statement

These general terms of sale are concluded between the company SARL LB STORES, with the social capital of 100 000 euros, of which the headquarters are located at 1 rue du parcs des lices - BP221 - 83990 Saint Tropez, registered with the Trade and Companies register of Fréjus under the number 519 297 683 hereinafter referred to as «BE-STORE» and secondly, by any natural or legal person wishing to make a purchase via the website www.bestore.fr, hereinafter referred to as the « CUSTOMER».

1 - The website www.bestore.fr belongs to the company Be-Shorts. The company BE-STORE is the author of the offer of sale for the products presented on its website www.bestore.fr

2 -These Conditions of Sale, as well as the order and the order confirmation form the contract of sale between BE-STORE and the CUSTOMER on the sale of the products ordered.

All orders carried out on the website www.bestore.fr require that the CUSTOMER accepts the entirety of the Terms of Sale before making a purchase.

In case of disagreement with the terms and conditions of the Sales Agreement, the CUSTOMER shall not use the Website.

BE-STORE reserves the right to modify or amend its Terms of Use at any time and without notice, adaptations or changes are then applied to all subsequent adaptations or modifications to orders.

In case of modification, the Terms and Conditions applicable to the order of the CUSTOMER are those that were online, which the CUSTOMER accepted on the day of placing the order.

3 - For all information regarding the processing of one or multiple orders, or the processing of a claim, the CUSTOMER will need to contact customer services:

- By post: at the headquarter’s address, 1 rue du parc des lices BP221 83990 Saint Tropez

- Via the contact form : contactez-nous

Summary:

Clause 1 - Definitions

Clause 2 - Aim

Clause 3 -Creating an account

Clause 4 -Ordering - Execution

Clause 5 -Ordering - Confirmation

Clause 6 - Ordering - Product pricing

Clause 7 - Payment

Clause 8 - Delivery

Clause 9 - Compliance - Warranty - Cancellation and Returns

Clause 10 - Terms of Use of the products

Clause 11 - Responsibility

Clause 12 - Electronic file - Privacy Policy

Clause 13 - Suspension - Termination

Clause 14 - Intellectual and industrial property

Clause 15 - Miscellaneous

Clause 16 - Applicable laws and jurisdictions

 

Clause 1 – Definitions

The terms and expressions identified by a capital letter in the General Conditions have the meanings specified below (whether used in singular or plural).

« Terms and Conditions »: refers to the current document, otherwise said the terms and conditions that are applicable to the relations between BE-STORE and the CUSTOMER.

  • « Order »: refers to the CUSTOMER’s purchase order of one or more product(s) by use of the website www.bestore.fr or via Customer Services.
  • « BE STORE  Website»: refers to the website that is accessible at www.bestore.fr
  • « Product »: refers to a product available for purchase on the website www.bestore.fr
  • « CUSTOMER »: refers to a natural or legal person, the consumer, who uses the website www.bestore.fr and acquires one or more Product(s), for personal needs, having previously adhered to the Terms and Conditions of Sale. 
    In principle, underage minors lack the legal capacity to enter into contracts and therefore buy online. For this, they must be represented by their legal representative. Acts performed by minors without the consent of their legal guardian are void. Consequently, reciprocal refunds must be made: the product must be returned to the seller and the amount of money paid by the minor must be returned to them.
    If a parent notices within 10 days that a minor has made an unwanted purchase, they can simply make use of their right of withdrawal and return the product at their expense. If the legal withdrawal period is exceeded, but the product has not been opened or damaged, Be-Shorts agrees to take it back and refund the amount paid, excluding delivery costs.

 

Clause 2 – Aim

These Terms and Conditions are intended, first, to inform any CUSTOMER on the terms and conditions with which the seller makes the sale and delivery of the ordered products and, secondly, to define rights and obligations of the parties in connection with the sale of products by BE-STORE to the CUSTOMER.

They apply, without limitation or qualification, to all sales made by the company BE-STORE, of products offered on their website www.bestore.fr.

Consequently, the fact that any natural or legal person ordering a product offered for sale on the website www.bestore.fr implies full acceptance of these Terms and Conditions, which the CUSTOMER acknowledges having read before ordering.

These Terms of Use may be amended or supplemented at any time; www.bestore.fr site users are advised to consult them regularly.

The CUSTOMER prior to placing their order, declares that:

- The purchase of products on the website www.bestore.fr is not directly related to his professional activity and is strictly limited to personal use.

- The CUSTOMER declares to have full legal capacity, allowing them to engage under these terms of sale. The services offered by BE-STORE are reserved for adults or minors whose legal guardian has granted them permission to place an order on the Website www.bestore.fr.

Clause 3 - Creating an account

When ordering products on the Website www.bestore.fr, the CUSTOMER must create an account by providing the information requested in the registration form.

To this end, the CUSTOMER must hereby provide complete personal information, without error as to enable precise identification in any situation. Any fictional or slanderous personal information, is likely to result in closure of the account of the CUSTOMER and the cancellation of the Order.

When creating an account, the CUSTOMER chooses a username and password. The CUSTOMER agrees to keep their username and password confidential. This account can be accessed at any time by the CUSTOMER using their login details. The CUSTOMER is responsible for all actions performed on the Website www.bestore.fr through their username and password. All users registered with the Website www.bestore.fr will be held to any Order placed with the use of his login details, subject to the right of withdrawal of Clause 9.3.

Clause 4 - Ordering - Execution

4.1. The CUSTOMER may place an Order on the Website after entering their login details, in accordance with Article 3. The CUSTOMER has the option to have their order delivered in France and in the countries of the European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia Slovenia, Sweden.

4.2. Navigating through the different sections of the website www.bestore.fr, the CUSTOMER may place products of their choice in the shopping basket by clicking the button. At any time up to the confirmation of the entire order, the CUSTOMER may change their mind, change quantities and cancel one or more selected products. Each of the steps necessary to the sale of a product is specified on the Website www.bestore.fr.

To request information or call Customer Service, the Customer shall continue to pay the cost of telecommunications. For all orders, internet access costs and the use of the website www.bestore.fr remains at their expense.

4.3. Under the provisions of Article 1369-5 of the Code Civil, the CUSTOMER has the option to check the details of his order and the total price before the final confirmation and, if necessary, to correct or modify. BE-STORE cannot be held responsible for errors entered by the CLIENT and their possible consequences in terms of delays or a wrong delivery. In these cases, the costs incurred by any return will be at the CUSTOMER’s expense.

4.4. Once the contents of their shopping basket are validated, the CUSTOMER will confirm his order by completing all the requested information;

- Unconditional acceptance of all of the Terms and Conditions;

- Validation of their order by its payment. The validation of the order by the CUSTOMER’s "double click" equates to acceptance of the prices and features of products purchased by the CUSTOMER.

Article 5 - Ordering - Confirmation

Products offered for sale on www.bestore.fr are those listed on the Website, on the date of the consultation of the site by the user and within the limits of available stock. The company BE-STORE reserves the right to modify at any time the products that it offers on its website

In case of unavailability of a product, the Buyer will be notified no later than upon delivery of the order. Only the products delivered will be charged.

The photographs and texts illustrating the products on the website www.bestore.fr are indicative and not within the contract. If these photographs and / or text present an erroneous characteristic, BE-STORE cannot be held responsible.

Once the Order is validated by the CUSTOMER under the terms of Article 4.4, an e-mail confirmation acknowledging receipt of the Order and containing all of this information is sent  by BE-STORE to the CUSTOMER as soon as possible. Please note that orders placed on a Saturday, Sunday or a bank holiday will not be processed until the next business day.

The Order shall be considered final only after the sending of the confirmation email referred to in Article 5.1 is sent to the CUSTOMER by BE-STORE, and the sale of the Product(s) will not be recognized until the CUSTOMER has made the appropriate payment.

Product offers and prices are valid whilst they appear on the website www.bestore.fr, given that the website is updated daily. Product offers operate within the limits of available stock. In the event that a product is unavailable, mainly because of a shortage, BE-STORE agrees to mention it on its website as soon as possible. Commercial or promotional operations are mentioned as such on the website and indicate their validity.

In the event that a product ordered by the CUSTOMER is unavailable, especially due to cessation of production or distribution, BE-SHORTS undertakes to inform the Customer by e-mail as soon as they are aware of such unavailability. BE-STORE will then inform the CUSTOMER, if applicable, of the new deadline by which the product will be made available and offer an equivalent product, if there is one. In case of refusal the CUSTOMER can wait for the availability of the product, or if an equivalent product is refused, the CUSTOMER will be refunded the price of the Product if their bank account has been debited within 30 days of the date that their refusal was confirmed.

In accordance with the provisions of Article L.122-1 of the “Code de la consommation”, BE-STORE is entitled to refuse any order for legitimate reasons, especially in case of a payment problem, predictable difficulty of delivery, abnormal order or one placed in bad faith.

BE-STORE also reserves the right to request identification documents via e-mail and / or phone, in which case the CUSTOMER will have the option to cancel the order. Likewise, when the Order is received, BE-STORE is entitled to refuse it in the case of prices displayed online or apparent from the order, specifically in the case of an error or a technical malfunction, computer bug, derisory or not the same as the actual selling price of the product.

The products are offered for sale only in the following geographical territory: European Union outside Switzerland.

Article 6 - Ordering - Product pricing

6.1. The prices of Products listed on the Website www.bestore.fr are in Euros including all taxes (French VAT and other applicable taxes). If the payment method you have selected is not expressed in Euros, the final price of the items you purchase will be calculated according to the exchange rate at the time your service provider processes the payment.

The CUSTOMER has the possibility to have their order delivered in France and in other European Union countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

For CUSTOMERS outside France, www.bestore.fr is forced, under the law, to charge VAT on orders shipped to most countries of the European Union. For more information on current rates, click here.

Orders may be subject to local taxes and customs duties in force in the receiving country. These rights and charges are not the responsibility of www.bestore.fr. They are the responsibility of the CUSTOMER. We advise you to ask your local authorities about these issues.

Warning: Any incorrect information provided by the CUSTOMER in order to avoid VAT may lead to fines and criminal prosecution.

Product prices extend beyond the participation of the CUSTOMER to the logistic preparation costs (processing; dispatching) and the delivery, which remains at the expense of the CUSTOMER. The total cost of their contribution towards these costs are communicated to the CUSTOMER, either when they connect to the website www.bestore.fr or when they call Customer Services, before they proceed to validating their Order.

6.2. BE-SHORTS reserves the right to change prices at any time without notice, but the price applicable to the CUSTOMER’s Order will be stated in the summary of the shopping basket during the validation of the order. The prices displayed online or emerging from the Order are guaranteed, unless they are proven, namely because of an error, technical malfunction, or a computer bug, to be derisory or if they vary from the actual selling price of the product.

Clause 7 – Payment

7.1. Scope of payment: Product prices and shipping costs are payable in full by the Customer at the time of placing the Order.

7.2.Method of payment: Payment of the Order may be made by the CUSTOMER by credit card, Visa, MasterCard, American Express or PayPal in a secure environment, as offered on the website www.bestore.fr. The order of payment by credit card cannot be cancelled (except in three cases provided by the law of 30 December 1991). Payment of the Order by the CUSTOMER is irrevocable in that they cannot revoke a payment once their PIN has been entered or have signed for it. However, the CUSTOMER may exercise their right of withdrawal within fourteen (14) days of receipt of the order. If they withdraw, they do not have to give reasons or pay penalties, but the return costs shall be at their expense.

For an order through the website www.bestore.fr the CUSTOMER represents and warrants that he is the owner of the credit card and this gives access to sufficient funds to cover the payment of the Order. The CUSTOMER will be charged from their bank account at the end of a period of 24 hours from the date of the confirmation of the Order. Payment will be considered effective after confirmation of the agreement by the appropriate banking organisations.

In general the CUSTOMER ensures BE-STORE, when making the Order, he is fully entitled to use the means provided for the payment of the order and that he has the necessary authorization to use the payment concerned.

7.3. Failure to pay and reservation of ownership: The ordered products remain the property of BE-STORE until full and final payment of the product price. In case of delivery and payment default, BE-STORE has the right to reclaim the ordered products, the CUSTOMER committing for his part to return any Products that have not been paid for, and take all costs related to return to said products.

Article 8 – Delivery

8.1. Delivery location:

As a reminder, the CUSTOMER has the possibility to have their order delivered in France and in the countries of the European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

In principle, the delivery of the Products will occur, after registration and payment of the Order, to the delivery address indicated by the CUSTOMER during the execution of the Order. An email will be sent to the CUSTOMER to announce the shipment of the Products. The CUSTOMER has the right to choose between different shipping methods:

French delivery methods

Scheduled delivery time in working days

Prices excluding tax

Applicable for parcels from 0kg to 3kg

Specificity

Home delivery

2-4 days

From 4 € to 18 €

Colissimo

Home delivery

1-2 days

 From 10,60 € to 30 €

Chronopost

Home delivery

1-2 days

 From 7 € to 20 €

DHL

European Union delivery methods

Scheduled delivery time in working days

Prices excluding tax

Applicable for parcels from 0kg to 3kg

Specificity

Home delivery

4-8 days

 From 8 € to 35 €

Colissimo

Home delivery

2-4 days

 From 25 € to 100 €

Chronopost

Home delivery

1-2 days

 From 13 € to 50 €

DHL

 

NB. These prices are for informative purposes. The exact delivery price will be calculated based on the weight of the order.

8.2. Participation fees for preparation and delivery: The tax inclusive (VAT) charge of the CUSTOMER’s participation to the expense of logistical preparation (processing, shipping) and delivery of the Order will be given to the CUSTOMER before the final confirmation of the Order.

8.3. Delivery times: The delivery time will be shown to the CUSTOMER during the procurement procedure for the Order, prior to the confirmation of the Order and prior to payment.

In any event, the maximum delivery time is thirty(30) working days from confirmation of the CUSTOMER’s payment of the Order.

Delivery times are affected by two key factors:

  • The dispatch time (1-2 days) from the date of receipt of the order, the preparation and handover to the courier. Please note that orders placed on a Saturday, Sunday or a bank holiday will not be processed until the next working day.
  • The delivery of your parcel by the courier.

 

8.4. Delivery location: A delivery is considered complete when the Product is made available at the place of delivery as agreed with the CUSTOMER when placing the Order and, where appropriate, with the courier. The provision of the Product is validated by the control and the traceability system used by the courier. 

8.5. Retrieving Products if the Customer is absent: If the recipient is absent at the time of delivery, the courier will leave a delivery note at the delivery address provided by the CUSTOMER. The Products will therefore need to be collected or redelivered according to the instructions on the delivery note provided by the courier. In the absence of collection within the timeframe detailed by the courier, the Products will be returned to BE-STORE, which reserves the right to refund the price to the CUSTOMER, the delivery charges are the at the CUSTOMER’s expense.

8.6. Effect of Delivery: The transfer of risks occurs involving the delivery, occurs at the time of delivery of the Products to the delivery address indicated by the CUSTOMER, or upon withdrawal of products from the courier. Without prejudice, the time available to the CUSTOMER to exercise their right of withdrawal, fourteen (14) days from the date of receipt of the order, it is up to the client or the recipient to ensure that the products delivered meet their expectation, and check the condition and conformity of the products with respect to their Order.

The CUSTOMER (or, if applicable, the Recipient) formalise acceptance of delivery by signing the delivery receipt issued by the courier.

Upon delivery, if the exterior of the package is not perfect the CUSTOMER or recipient of products shall open the package in the presence of the courier to check the condition of the Products.

-     In case of apparent damage to the package, the CUSTOMER shall make all reserves and complaints that appear justified.

-     In case of damage resulting from transportation, the CUSTOMER must refuse Damaged Products and indicate, "refused due to damage" on the return slip.

 

Without prejudice to the guarantees that the CUSTOMER benefits from under Article 9 for any claim related to an apparent defect or damage during the delivery of the Product, the CUSTOMER must promptly contact Customer Service in order, on the one hand, to preserve the rights of BE-STORE with the courier, and secondly, in the event that the product is still in the possession of the CUSTOMER, initiate the return process under the conditions laid down in Clause 9.4.

In the case of a refusal of delivery or a return of the product for the reasons mentioned in the previous paragraph, the CUSTOMER may request a new delivery or cancellation of an order in the terms of Clause 9.1.3.

Clause 9 - Compliance - Warranty - Cancellation and Returns

9.1. Compliance of products

9.1.1. Pursuant to Article L.111-1 of the ‘Code de la Consommation’, BE-STORE aims to inform the CUSTOMER and put them in a position to know the essential characteristics of the product (photographs, technical data and description). Before shipment, the Products delivered to the CUSTOMER are checked to ensure they comply with the description on the website www.bestore.fr. However, it is clear that, for technical reasons (photographic and information processing), the actual rendering of the Products may sometimes differ slightly from the photographs presented on the website. This is in in no way the responsibility of BE-STORE and they cannot be held on the following points.

9.1.2. Notwithstanding, if applicable, the specific conditions of the guarantees the CUSTOMER benefits from under the Product given, the Products displayed on the Website www.bestore.fr are subject to the legal conditions guarantee below.

According to Clause L.211-4 of the ‘Code de la Consommation’. "The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing when they are issued. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was presented to them by the contract or carried out under his responsibility.

According to Clause L.211-8 of the ‘Code de la Consommation’: "The buyer is entitled to demand compliance with the contract."

According to Clause L.211-5 of the Consumer Code: "To comply with the contract, the product must:

1 - Be suitable for the purpose usually associated with such property and, if applicable,

2 - Match the description given by the seller and possess the qualities that they have presented to the buyer as a sample or model,

3 - Present the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling ()

9.1.3. Pursuant to Clauses L.211-9 and L.211-10 of the ‘Code de la Consommation’, that the repair of the consequences of non-compliance or hidden faults, duly established and confirmed as such by BE-STORE, is the choice of the CUSTOMER, repair or replacement of the Product, unless it leads to a request of manifestly disproportionate cost, given the product’s value or importance of the fault relative to the other modality.

If repair and replacement are impossible, the CUSTOMER may return the item and have the price of the purchase refunded or keep the item and have part of the price refunded.

In these cases, the CUSTOMER must contact Customer Service and agree on how to return the product concerned in accordance with the procedure provided on the website www.bestore.fr.

Provided it is founded, the provisions of Clauses L. 211-9 and L. 211-10 of the ‘Code de la Consommation’, takes place at no cost to the buyer.

9.2. Right of withdrawal

9.2.1. In accordance with the European Directive on E-commerce, the Buyer shall have fourteen (14) days from the date of receipt of the order to return the ordered products, for refund or exchange.

Products must be returned in their original packaging, without having been used, together with the signed, initial delivery note. Return costs are the responsibility of the CUSTOMER

If the above conditions are met, BE-STORE will reimburse the CUSTOMER within 30 days from the date the package is received by BE-SHORTS, funds paid by them, but with the exception of shipping and costs of returning the products, which are the responsibility of the Buyer unless failure to conform or hidden defects are found with the product.

Only products in their original packaging, complete (accessories) in perfect condition for resale (unsoiled, undamaged, unworn) are acceptable for return.

9.2.2. If the right of withdrawal is used for only a part of the Order, only the price charged for returned products will be refunded.

9.3. Return Procedure:

The CUSTOMER must contact Customer Services and agree on how to return the product concerned in accordance with the procedure provided on the website www.bestore.fr.

The items must be returned to LB STORES 84/86 route de Givry 71100 Saint Rémy.

Products must be returned within 10 days from the date of receipt of your order (date of postmark).

Products must be returned in their original packaging, properly protected. They must be in perfect condition for resale. Any product returned incomplete, damaged, mutilated, soiled, even partially will not be refunded or exchanged. We recommend that you retain your proof of return to facilitate any procedures in case of problems occurring during transport. Except failure of conformity of the Product or hidden defects, return costs are the responsibility of the CUSTOMER.

Clause 10 - Terms of use of the product

Prior to any order and any use of the Products, the CUSTOMER must read all the information provided on the website www.bestore.fr, learn about the features and components of the products and ensure that they are compatible with how they wish to use them.

Clause 11 - Responsibility

11.1.
The products presented on the website www.bestore.fr comply with French legislation and standards applicable in France and other countries of the European Union.

The service provided by BE-STORE is limited to the supply of Products under the conditions described in the Terms and Conditions.

11.2.
Responsibility for BE-STORE is limited to direct and foreseeable damages arising from the CUSTOMER’s use of the Website and Products.

BE-STORE does not assume liability for damage resulting from a CUSTOMER’s mistake in the usage of products (see Clause 10).

Before ordering and even more so before use, the CUSTOMER agrees to take the necessary precautions to ensure that there is no possibility of allergic reaction or incompatibilities between their state and one of the components of the products available on our website.

In general, under no circumstances will BE-STORE incur liability for indirect or unforeseeable damages in connection with the use of the website and the Order of Products.

11.3.
BE-STORE cannot in any way be held responsible for the content available on other websites or sources accessible through hypertext links inserted on the website www.bestore.fr (especially because of advertising, products, services or other

information) or damage of any kind that may be suffered by the CUSTOMER in connection with a visit to these sites.

Use of the website www.bestore.fr implies knowledge and the acceptance by the CUSTOMER of the characteristics and limitations of the Internet and technologies that are related, the lack of protection of certain data against possible misappropriation or piracy and contamination by possible viruses circulating on the network. BE-STORE itself, dependent upon the quality of the Internet, does not guarantee the continuity of the website and does not ensure the correction of defects on the Internet.

As a result, BE-STORE cannot be considered responsible for any unavailability of the website or any connection problems or interruption of the connection (server failure, telephone line or any other technical connection) when using the website or, more generally, any disruption of the Internet, affecting the use of the website.

In this context, BE-STORE is not responsible for sending forms to an incorrect or incomplete address, any computer errors or defects on the Site.

11.4.
Unless otherwise specified, the website is accessible anywhere, as long as the minimum technical conditions are met, particularly in terms of access to the Internet, mobile telephony, and technical compatibility of equipment used by the CUSTOMER. Given the global nature of the Internet, the CUSTOMER agrees to comply with all rules of public policy on the behaviour of Internet users that are applicable in the country in which they are using the website.

Clause 12 - Electronic file - Privacy Policy

12.1. To process orders, BE-STORE processes the CUSTOMER’s personal data, identified as mandatory in forms on the website.

12.2. BE-STORE undertakes to respect the confidentiality of personal data provided by the CUSTOMER on the Website and to treat them in accordance with the Data Protection Act of 6 January 1978, as amended and currently in force. The database held by BE-STORE to this effect has been declared to the CNIL, according to the requirements required by the Data Protection Act.

The website www.bestore.fr is registered with the CNIL under the number : 1749541.

12.3. The CUSTOMER’s personal data is collected and processed by BE-SHORTS when processing orders. Depending on the choices made when creating or consulting their account on the website, the CUSTOMER chooses if they wish to receive BE-STORE and / or its partners’ commercial or promotional offers by email. If a customer does not wish to receive these offers, they may at any time make a request by clicking on a web link available in emails and newsletter or by changing the account directly on the website www.bestore.fr.

12.4. BE-STORE may be required to disclose customer data for the purpose of processing and delivery of orders by its contractors, and to achieve satisfaction surveys. Furthermore, BE-STORE may also pass on the CUSTOMER’s data in the case of a judicial injunction or to administrative authorities.

12.5. The CUSTOMER may exercise their individual right of access to the file, right of objection, correction or deletion of data concerning them or by modifying his or her own personal information on the "My Account" page or by sending a request to BE-STORE (indicating their e-mail address, name, and mailing address by post to the following address: LB STORES 1 rue du parcs des lices BP221 83990 Saint Tropez).

12.6. The website is designed to be particularly attentive to the needs of CUSTOMERS. It therefore makes use of cookies, the purpose is to signal the passage of the CUSTOMER on the website in the aim of constructing their shopping basket.

Cookies are stored on the CUSTOMER’s hard drive for six (6) months.

The CUSTOMER may oppose the registration of these cookies on the hard drive of their computer by configuring their browser in the following way:

- For Mozilla Firefox: Select the "tool" menu; click the "Clear" icon; locate "cookies" and select the appropriate options.

- For Microsoft Internet Explorer 6.0, 7.0 and 8.0: Select the "Tools" menu, then "Internet Options"; click on the "Privacy" (or "Confidentiality") tab; select the desired level using the cursor.

Clause 13 - Suspension - Termination

The CUSTOMER may terminate at any time, by longing on to the website and closing their account. By doing so, the CUSTOMER is sending their termination request to Customer Service.

In the case of breach of any of their contractual obligations by the CUSTOMER, particularly in the case of a payment incident, BE-STORE reserves the right to suspend the CUSTOMER’s access to the website and Be-Shorts services or to terminate their account based on the severity of violations. BE-STORE reserves the right to refuse any order from a customer with whom there is any dispute.

Clause 14 - Intellectual and industrial property

All material published on the website, such as sounds, images, photographs, videos, writing, animation, programming, graphic design, commercial databases, software, and other underlying technology is protected by the provisions of the code of intellectual property and belong to BE-STORE.

The BE-STORE brand and all brands, figurative or not, and more generally all other marks, illustrations, images and logos appearing on the items, accessories or packaging, whether registered or not, remain the exclusive property of BE-STORE. Any total or partial reproduction, modification or use of these marks, illustrations, images and logos for any purpose and in any media whatsoever, without prior permission from BE-STORE, is strictly prohibited. Without any solicitation on their part, BE-STORE prohibits affixing a hyperlink to the website. If a CUSTOMER wishes to create a personal website and directly link to the homepage of the website www.bestore.fr, they will need BE-STORE’s prior authorisation.

Clause 15 - Miscellaneous

15.1. Partial Invalidity: In the event that one or more provisions of the General Conditions is deemed unlawful or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in force and retain their scope and effect.

15.2. Convention on Proof: Acceptance of the Terms and Conditions electronically, among the parties, has the same evidentiary value as an agreement on paper.

The information provided by the Website is agreed to between parties. The records will be stored in BE-STORE’ computer systems in reasonable safety conditions and will be considered as proof of trade of orders and payments on the website or by email.

The scope of the evidence of the information provided by BE-STORE’ computer systems is one that is given to the original meaning of a signed written paper document. It is expressly

agreed that BE-STORE and the CUSTOMER may contact each other electronically or by telephone through the Customer Service website.

Technical security measures are in place to ensure the confidentiality of the data exchanged. BE-STORE and the CUSTOMER agree that the e-mails exchanged between each other prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of orders.

15.3. Preservation and Archiving: Archiving contractual documents is made on a reliable and durable system so as to correspond to a faithful and durable copy that can be produced as evidence.

15.4. Disclaimer: The fact that BE-SHORTS or the CUSTOMER does not exercise any of their rights under the Terms and Conditions does not entail a waiver of that right and it can still be used later, such a waiver can proceed only from an expressed declaration.

15.5. Unforeseeable circumstances

Execution by BE-STORE of all or part of their obligations, including delivery shall be suspended upon the occurrence of a fortuitous event or unforeseeable circumstances, which prevent or delay the execution. These are considered as such, including, but not limited to, war, riots, insurrection, civil unrest, strikes of all kinds. BE-STORE will inform the CUSTOMER of the occurrence of a fortuitous event or unforeseen circumstance within seven days of its occurrence. If this suspension continues beyond a period of fifteen days, the CUSTOMER will have the option to terminate the current order, and will be refunded the price of products ordered and delivery charges paid.

Clause 16 – Applicable laws and jurisdictions

General Conditions of Sale are subject to French law. Only the French version of these Terms and Conditions of Sale shall prevail. In case of difficulty arising in connection with the Order, the delivery of products and more generally the completion of the sale, the CUSTOMER will have the option, before any legal action is taken, to seek an amicable solution, particularly using a consumer association or any other counsel of his choice.

Any dispute that may arise from the interpretation or execution of the Terms and Conditions and its aftermath will be brought before the French courts, and in particular before the Commercial Court of FREJUS.

The Terms and Conditions shall also apply in relation to any users of the website who have not placed an Order, especially with regard to Articles 11 to 15.