Terms of sale

Effective as of 11/30/2024

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (called "GTC") apply, without restriction or reservation to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.bikunu.fr. The Products offered for sale on the site are the following:

Swimwear and beach textiles

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.bikunu.fr which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are within the limits of available stocks, as specified when placing the order.

These GTC are accessible at any time on the website www.bikunu.fr and will prevail over any other document.

The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the site www.bikunu.fr.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

BIKUNU

Registered with the RCS of Cannes, under number 489655811

13 avenue de la pinède

06110 The cannet

Email: contact@bikunu.fr

The Products presented on the website www.bikunu.fr are offered for sale for the following territories:

Europe, Overseas, International

In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.

ARTICLE 2 - Price

The Products are provided at the current rates listed on the website www.bikunu.fr, when the order is registered by the Seller.

The prices are expressed in Euros, HT and TTC.

The rates take into account any discounts that may be granted by the Seller on the website www.bikunu.fr.

These rates are firm and non-revisable during their validity period but the Seller reserves the right, outside the validity period, to change the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged extra, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is up to the Customer to select on the website www.bikunu.fr the Products he wishes to order, according to the following terms:

The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact information or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer in the manner provided.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the 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 www.bikunu.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 3 Bis - Customer Area - Account

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information about his marital status and contact details, including his email address.

The Customer is responsible for updating the information provided. It is told to him that he can modify them by logging into his account.

To access his personal space and order histories, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer is prohibited from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.

The Customer may also request his deregistration by going to the dedicated page on his personal space or by sending an email to: contact@bikunu.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site www.bikunu.fr will have the possibility to suspend or even close a customer's account after formal notice sent electronically and remained without effect.

Any account deletion, whatever the reason, results in the outright deletion of all the Customer's personal information.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account implies the acceptance of these general conditions of sale.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following terms:

Payment by credit card

The price is payable in cash by the Customer, in full on the day of placing the order.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.bikunu.fr.

Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay him the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in metropolitan France and anywhere in the world.

*Delivery is offered in France for a purchase over €85.

Deliveries take place within 3 to 7 days (France) to the address indicated by the Customer when ordering on the site.

The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the deadlines specified above.

If the ordered Products have not been delivered within 15 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.

When the Customer has himself in charge of using a carrier that he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are delivered to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of non-delivery of the transported goods.

In the event of a special request from the Customer regarding the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on a quote previously accepted in writing by the Customer.

ARTICLE 5 BIS - Return policy (read carefully)

You have a period of fifteen calendar days (calendar days include Saturdays, Sundays and public holidays) from the date of receipt of your order to return the item(s) and obtain a partial or complete refund of your order.

The return is the responsibility of the customer.

To make a return request, write to us at CONTACT@BIKUNU.FR

Describe the reason for your request, the order concerned and the product(s) to be returned

A confirmation email will be sent to you

The return address is: BIKUNU 13AVENUE DE LA PINEDE 06110 LE CANNET

The order or delivery order must be attached in the package with the returned product(s) to identify the original order

You will receive an email confirming that your return has been processed. The bank account used to pay for the order will be automatically credited within a maximum of fifteen days from the receipt in the warehouse of the returned package.

Important

Items must be returned in their original condition and packaging, i.e. new, labeled and complete (accompanied by any accessories). Products that are returned, especially incomplete, damaged, worn, soiled or washed, will not be taken back. Items must also have the protective strip for swimsuit bottoms.

For hygiene reasons, swimsuits should be tried on over your own underwear without removing the protective band.

A return that does not meet these conditions cannot be refunded and will be returned to the buyer.

Important: We recommend that you use a traceable and secure return method, such as "Colissimo" IN A LETTER BOX

The Customer is required to check the condition of the products delivered. He has a period of 15 days from delivery to make complaints by email, accompanied by all the related supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at his expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

Given the nature of the Products sold, orders placed by the Customer do not have the right of withdrawal.

The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the procedures specified in these GTC.

ARTICLE 8 - Seller's Responsibility - Guarantees

The Products provided by the Seller benefit:

The legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,

The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good in accordance with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for lack of conformity resulting from the packaging, assembly instructions or installation when it was charged to him by the contract or was carried out under his responsibility. ”

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar good and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. ”

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed in two years from the delivery of the good. ”

Article 1641 of the Civil Code.

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

Article 1648 paragraph 1 of the Civil Code

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

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a movable property, a rehabilitation covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is later than the request for intervention. ”

In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-compliance of the Products or the existence of hidden defects from their discovery.

The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 15 days after the Seller finds the lack of conformity or hidden defect. This refund can be made by bank transfer or bank check.

The Seller cannot be held liable in the following cases:

Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

In case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or refund of non-compliant Products or affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the website www.bikunu.fr are the following:

Account opening

When creating the Customer / user account:

Surnames, first names, postal address, phone number and e-mail address.

Payment

As part of the payment of the Products offered on the website www.bikunu.fr, it records financial data relating to the Bank account or credit card of the Customer / user.

9.2 Recipients of personal data

Personal data is reserved for the single use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Customer and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the site www.bikunu.fr have the following rights:

They may update or delete data concerning them in the following way:

The customer can at any time write to us to request the deletion of his personal data in our database.

They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"

If the personal data held by the Seller is inaccurate, they can request the updating of the information information by writing to the address indicated in article 9.3 "Data controller"

They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller"

They can also request the portability of the data held by the Seller to another service provider

Finally, they can oppose the processing of their data by the Seller

These rights, provided that they do not oppose the purpose of the processing, can be exercised by sending a request by mail or E-mail to the Data Controller whose contact details are indicated above.

The data controller must provide an answer within a maximum period of time

In case of refusal to grant the Customer's request, the Customer must be motivated.

The Customer is informed that in case of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the site www.bikunu.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.

ARTICLE 11 - Applicable law - Language

These GTC and the resulting transactions are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.

The Client is informed that he may in any case use conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

Justice branch of Cannes

2 rue de la Verrerie 06150 Cannes La Bocca

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm? Event=main.home.show

All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.