These general conditions of sale are concluded between, on one hand, the brand, and online store BARCHA operated by the company SILAM INTERNATIONAL (known to the rest of the time as Barcha and www.barcha.fr) SAS with a capital of 30,000 euros whose registered office is located at 163 Rue de Grenelle 75007 Paris, registered with the RCS Paris under n°817 962 137, hereinafter referred to as “Barcha” and Internet users who wish to make a purchase on the website “Barcha” accessible to ‘address:
http://www.barcha.fr hereinafter referred to as “Customer”.
The Customer wishing to benefit from offers of Barcha has to create, prior to the order, an account by entering their email address and choosing a password. These general conditions of sale of the company www.barcha.eu define the rights and obligations of the parties in the frame of a sale from www.barcha.eu to customers.
These terms represent the entire obligations of the parties.
The parties agree that their relations will be exclusively governed by this contract, excluding any other conditions, including those applicable to sales in stores.
Barcha reserves the right to adapt or modify at any time these terms. In case of modification, the conditions prevailing at the date of the order are to be applied. If a condition is to default, it would be considered governed by the procedures in effect in the distance selling sector, in accordance with the French law the only one applicable.
The Customer must be:
- either a natural person over 18 years and have full legal capacity to contract
- or an individual under the age of 18 and be emancipated.
Barcha offers for sale ready-to-wear articles and fashion accessories.
The product offers and prices are valid as long as they are visible on the site, and until the end of stocks.
Barcha does not guarantee in any way the maintenance of the products on sale for a specified period. www.barcha.fr commits to notify by email or phone any customer who has ordered an unavailable product. The customer cannot held Barcha responsible assuming he would have validated the order for an unavailable product.
Barcha does not guarantee in any way the maintenance of the products on sale for a specified period. www.barcha.fr commits to notify by email or phone any customer who has ordered an unavailable product. The customer cannot held Barcha responsible assuming he would have validated the order for an unavailable product.
Please bear in mind that the products on sale or discount are cannot be returned, nor exchanged or reimbursed.
In case of an end of stock of one of the products of an order composed with others products, Barcha will ship the rest of the order.
The products offered for sale are presented and detailed with the greatest possible precision. Detailed information on each product are those reported by the suppliers of Barcha.
However, the responsibility of Barcha cannot be held for errors or omissions in the description of the products. The photographs illustrating the products on sale are out of contract.
All orders are checked before sending. However, if at the reception of the package there is an error or a defective item, please inform us as soon as possible by email at contact@barcha.fr
The customer may return it to Barcha within a maximum period of 14 days from the date of receipt of the package and ask for:
- either to be delivered an identical product to the one ordered while stocks last
- either to be refunded within 14 days following the request.
The return cost of defective or wrong product and the possible delivery of another product will be taken over by Barcha.
These provisions do not deprive the customer of his right of withdrawal as guaranteed in Article 7.
The Customer who wishes to buy one or several articles on the Barcha website must comply with the following process:
– The Customer selects the products he wishes to purchase by clicking on the icon “Add to Cart”
– The Customer, after checking its selection (size, color, price …) validates the choice of the products selected by clicking on the icon “validate and order”;
- If it is already a Barcha client: : fill in the form specifying only their email address and password that was communicated to him at the first order
- If it’s a new Barcha client: fill in the form by indicating name, contact details, email address. A password is then requested. The customer is free to change this password.
- A summary of the order is given to the Customer as well as the shipping costs. He must click on the icon “Order” to continue the order and declare to accept fully and unreservedly all the present General Conditions of Sale.
- The client then accesses to a page where he must clarify his delivery address, billing information and payment information. Customer must click on the icon “pay by credit card” or “pay by Paypal” and fill in the secure payment form “Banque Populaire” or “Paypal” of his order.
The Customer ensures that he is fully authorized to use the payment card or PayPal account for the payment of his order, and that these payment methods provide access to sufficient funds to cover all operating costs of Barcha service.
www.barcha.fr is relieved of liability in case of dispute between the Client and “Paypal” or « Banque Populaire”.
When the order is finalized, www.barcha.fr confirms the order to the Customer by sending an email.
The order preparation time is up to 48 hours from the confirmation of the Customer’s order.
The product price is displayed in euros. VAT is included in the price displayed at the rate in force in France for the products concerned. Shipping costs will be indicated to the customer before the final confirmation of the order.
Failure by the Customer to comply with the obligations under these Terms of Sale, including cases of fraud or attempted fraud, and any incident of payment may lead to the suspension of access to Barcha services, without prejudice to any damages that might seek Barcha. Thus Barcha reserves the right to refuse any order from a customer with whom a past or present litigation exists.
Shipping is to Metropolitan France (including Corsica), the French overseas territories and abroad. The order is delivered to the Customer’s address or any other address that the Customer has specified when ordering.
Standard Delivery – Colissimo
Colissimo is committed for delivery in Metropolitan France (week ends and bank holidays not included) within 3 to 4 working days, Europe (week ends and bank holidays not included) within 3 to 7 business days, internationally outside Europe (week ends and bank holidays not included) in 4 to 10 business days. Our packages are delivered without a signature at the customer’s address or any other address that the customer mentioned when ordering. If absent, the package will be delivered to the nearest post office, it will be notified on the calling card left in your mailbox. Your package will be kept in the post office indicated on the calling card for 15 days, after the 15 days if you have not removed your package, it will be returned. In case the address in your order was incorrect, or if you had not taken your package on time, the reshipping costs will be at your expense. Please note that we cannot be held responsible for the theft or loss of the package if it is declared delivered by the postal services.
The Customer has the choice between Delivery Without Signature at Home, in the event of theft or delivery problem, the package will not be refunded; and Delivery with Signature which allows full insurance in case of theft or delivery problem.
For international shipments, Barcha is not responsible for customs duties, VAT and other taxes that may apply to collect your package.
Our partner Mondial Relay is committed for delivery in France (week ends and public holidays not included) in 5-8 business days. The customer will be notified of the arrival of the parcel by email and / or SMS. Our parcels are delivered against signature with the presentation of an identity document at the Point Relay the customer has mentioned in his order. If the customer does not select a Point Relay, Barcha will forward the order to the nearest Point Relay. Your package will be retained in the Point Relay for 14 days, after the 14 days if you have not removed your package, it will be returned.
If you had not taken your package on time, the reshipping costs of your parcel will be your responsibility.
Shipping fees are charged to the customer, in addition to the price of the Products, unless otherwise stated or special conditions. The amount of shipping is indicated to the Customer when ordering and at any time in the « Delivery » section. When ordering the Customer must carefully fill in all fields in the form of delivery, including the delivery address, a landline number or mobile phone. Neither Barcha nor the deliverer can be held responsible for the impossibility of delivery due to inaccuracy or error in the delivery address.
The delivery times indicated in the confirmation of the order are calculated in days.
Pursuant to Article 121-20 of the French Consumer Code, the Customer has a right to withdraw and to return products purchased on the Barcha website for 14 days from the date of delivery (date as per postmark). Products must be returned in their packaging and in their original state (tried but not worn). The Customer must contact Barcha by mail to contact@barcha.fr to receive the return address and the steps to follow.
The refund of the Customer will be made by transfer within 30 days from the receipt by Barcha of the application for revocation and subject to the return of the product. The refund include the price of the items ordered by the customer, and do not take into account the cost of deliveries.
Barcha is subject to an obligation of means toward the Customer. It is expressly agreed that any disruption in the supply of the service for any reason whatsoever, outside intrusion or infection by computer virus, do not engage the responsibility of Barcha.
In case of dissatisfaction from a customer for any reason, he or she cannot claim any compensation other than reimbursement of his or her order.
In accordance with Law No. 78-17 of 6 January 1978 « Computing and liberties », the Customer has a right to access, correct and delete data that concern him or her, registered by www.barcha.fr.
The Customer may at any time contact Barcha and oppose the use of their personal data recorded by Barcha. To do this, simply send a message via the contact page.
All elements of the website www.barcha.eu whatsoever are protected by copyright, designs or brands or patents. They are the exclusive property of Barcha.
Reproduction of all or part of the site www.barcha.fr constitutes infringement under the Code of Intellectual Property.
Pursuant to Article 1148 of the Civil Code, Barcha will not be responsible or considered as having committed a fault in the handling of your record if any delay or failure results from a case of force majeure. Are considered fortuitous event or force majeure exempting from liability all facts or circumstances irresistible, unpredictable and beyond the control of the parties in the event of total or partial strike of carriers, and disasters.
The fact that any provision of the Terms be invalid, unenforceable, void, illegal or unenforceable due to law or regulation or following a court decision, will not challenge the validity, legality, enforceability of the remaining provisions of the Terms and shall not relieve the Customer of the execution of its contractual obligations.
The General Conditions shall be executed and interpreted according to French law.
The parties shall seek above all litigation, an amicable agreement. In case of dispute or litigation concerning the validity, interpretation or execution of these Terms and Conditions, only the Paris Courts have jurisdiction.